Common use of Repayment to the Company; Unclaimed Money Clause in Contracts

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and premium, if any) and interest, if any, on the Notes of that series for which cash or Government Obligations have been deposited pursuant to Section 4.04 or 4.05. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of (and premium, if any) and interest, if any, on any Note and remaining unclaimed for two years after such principal (and premium, if any) and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the Note shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may give written notice to the Holder of such Note in the manner set forth in Section 1.06, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 3 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Terex Corp)

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Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent for a series of Securities shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (of, and premium, if any) , and interest, if any, on the Notes Securities and all related coupons for Securities of that series for which cash or Government Obligations have been deposited pursuant to Section 4.04 404 or 4.05405. Any money deposited with the Trustee or any Paying AgentAgent for the Securities of any series, or then held by the Company, in trust for the payment of the principal of (of, and premium, if any) , and interest, if any, on any Note Security of any particular series and all related coupons appertaining thereto and remaining unclaimed for two years after such principal (and premium, if any) , and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the Note such Security and all related coupons shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the such Trustee or such Paying Agent, before being required to make any such repayment may give written notice to the Holder of such Note Security in the manner set forth in Section 1.06106, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 2 contracts

Samples: Indenture (Kraft Heinz Co), Indenture (Kraft Foods Inc)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent for the Notes shall promptly pay or return to the Company upon Company Order any cash in euro or German Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , and interest, if any, on the Notes of that series for which cash in euro or German Government Obligations have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with the Trustee or any Paying AgentAgent for the Notes, or then held by the Company, in trust for the benefit of the Holders for the payment of the principal of (and premium, if any) and interest, if any, on any the Note and remaining unclaimed for two years after such principal (and premium, if any) and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the any such Note shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust moneymoney held for the benefit of the Holders, and all liability of the Company as trustee thereofwith respect thereto, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may give written notice to the Holder of such Note in the manner set forth in Section 1.06Note, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationwritten notice, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 2 contracts

Samples: Indenture (Amphenol Corp /De/), Indenture (Amphenol Corp /De/)

Repayment to the Company; Unclaimed Money. The Trustee and ----------------------------------------- any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or U.S. Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or U.S. Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Frankfurt (which is expected to be the Frankfurter Allgemeine Zeitung) (and, if and so long as the Notes are listed, admitted or eligible for trading on a stock exchange or trading market, in a newspaper having a general circulation in the locations which such stock exchange or trading market requires) or in the case of Definitive Notes, such notice shall be made by first-class mail to Holders, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed, admitted or eligible for trading on a stock exchange or trading market and the rules of such Note stock exchange or trading market shall so require, by publication in a newspaper having a general circulation in the manner set forth in Section 1.06locations which such stock exchange or trading market requires), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 2 contracts

Samples: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest and interestAdditional Amounts, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, in a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or in the manner set forth case of Definitive Notes, in Section 1.06addition to such publication, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 2 contracts

Samples: Dollar Indenture (JSG Acquisitions I), Euro Indenture (JSG Acquisitions I)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published 90 82 notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Amsterdam (which is expected to be Het Financieele Dagblad ) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note Stock Exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or in the manner set forth case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in Section 1.06a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Versatel Telecom Bv)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, and interestAdditional Amounts, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this 87 88 Article, in trust for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest and interestAdditional Amounts, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Amsterdam (which is expected to be Het Financieele Dagblad ) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note Stock Exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or in the manner set forth case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in Section 1.06a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to 91 be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)) or in the manner set forth case of Definitive Notes, in Section 1.06addition to such publication, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Dollar Indenture (MDCP Acquisitions I)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent for the Securities of any Series shall promptly pay or return to the Company upon Company Order any cash or U.S. Government Obligations held by them at any time that are not required for the payment of the principal of (and premium, if any) and interest, if any, on the Notes Securities of that series such Series for which cash or U.S. Government Obligations have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with the Trustee or any Paying AgentAgent for the Securities of any Series, or then held by the Company, in trust for the payment of the principal of (and premium, if any) and interest, if any, on the Security of any Note Series and remaining unclaimed for two years after such principal (and premium, if any) and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the Note any such Security shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment may give written notice to the Holder of such Note in the manner set forth in Section 1.06Security, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationwritten notice, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Ca, Inc.)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)) or in the manner set forth case of Definitive Notes, in Section 1.06addition to such publication, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company. Claims against the Company for the payment of principal or interest, as Additional Amounts, if any, or Liquidated Damages, if any, on the Notes will become void unless presentment for payment is made (where so required in the Indenture) within, in the case may beof principal, Additional Amounts, if any, or Liquidated Damages, if any, a period of ten years, or, in the case of interest, a period of five years, in each case from the applicable original payment date therefor.

Appears in 1 contract

Samples: Indenture (Preem Holdings Ab Publ)

Repayment to the Company; Unclaimed Money. The Trustee and ----------------------------------------- any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Frankfurt (which is expected to be the Frankfurter Allgemeine Zeitung) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or in the manner set forth case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in Section 1.06a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Cybernet Internet Services International Inc)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)) or in the manner set forth case of Definitive Notes, in Section 1.06addition to such publication, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.. 92

Appears in 1 contract

Samples: Euro Indenture (MDCP Acquisitions I)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent for a series of Securities shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (of, and premium, if any) , and interest, if any, on the Notes of Securities for that series for which cash or Government Obligations have been deposited pursuant to Section 4.04 404 or 4.05405. Any money deposited with the Trustee or any Paying AgentAgent for the Securities of any series, or then held by the Company, in trust for the payment of the principal of (of, and premium, if any) , and interest, if any, on any Note Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) , and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the Note such Security shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the such Trustee or such Paying Agent, before being required to make any such repayment may shall give written notice to the Holder of such Note Security in the manner set forth in Section 1.06106, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Philip Morris USA Inc.)

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Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Amsterdam (which is expected to be Het Financieele Dagblad ) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note Stock Exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or in the manner set forth case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in Section 1.06a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent for a series of Securities shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (of, and premium, if any) , and interest, if any, on the Notes of that series Securities for which cash or Government Obligations have been deposited pursuant to Section 4.04 4.4 or 4.05Section 4.5. Any money deposited with the Trustee or any Paying AgentAgent for the Securities of any series, or then held by the Company, in trust for the payment of the principal of (of, and premium, if any) , and interest, if any, on any Note Security of any particular series and remaining unclaimed for two years after such principal (and premium, if any) , and interest, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be paid to the Company on Company Request or (if then held by the Company) shall be discharged from such trusts; and the Holder of the Note such Security shall, thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Company, as trustee thereof, shall thereupon cease; provided, however, that the such Trustee or such Paying Agent, before being required to make any such repayment may give written notice to the Holder of such Note Security in the manner set forth in Section 1.061.6, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Mondelez International, Inc.)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder of such Note Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Amsterdam (which is expected to be Het Financieele Dagblad and in the manner set forth Official Price List of the AEX for so long as the Notes are listed on the AEX and the rules of the AEX so require) or in Section 1.06the case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar, that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be THE WALL STREET JOURNAL) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note stock exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)) or in the manner set forth case of Definitive Notes, in Section 1.06addition to such publication, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in a newspaper having a general circulation in Luxembourg (which is expected to be the LUXEMBURGER WORT)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Dollar Indenture (MDCP Acquisitions I)

Repayment to the Company; Unclaimed Money. The Trustee and ----------------------------------------- any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Euro Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on the Notes of that series for which cash or Euro Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest, Additional Amounts, if any, and interestLiquidated Damages, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Frankfurt (which is expected to be the Frankfurter Allgemeine Zeitung) (and, if and so long as the Notes are listed, admitted or eligible for trading on a stock exchange or trading market, in a newspaper having a general circulation in the locations which such stock exchange or trading market requires) or in the case of Definitive Notes, such notice shall be made by first-class mail to Holders, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed, admitted or eligible for trading on a stock exchange or trading market and the rules of such Note stock exchange or trading market shall so require, by publication in a newspaper having a general circulation in the manner set forth in Section 1.06locations which such stock exchange or trading market requires), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Cybernet Internet Services International Inc)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on the Notes of that series for which cash or Government Obligations have has been deposited pursuant to Section 4.04 8.4 or 4.058.5. Any money deposited with held by the Trustee or any Paying Agent, or then held by the Company, Agent under this Article VIII in trust for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest and interestAdditional Amounts, if any, that has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder of such Note Holders or cause to be published a notice in the manner set forth in accordance with Section 1.06, 12.1(b) that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company. Claims against the Company for the payment of principal or interest and Additional Amounts, as if any, on the Notes will become void unless presentment for payment is made (where so required in this Indenture) within, in the case may beof principal and Additional Amounts, if any, a period of ten years, or, in the case of interest, a period of five years, in each case from the applicable original payment date therefor.

Appears in 1 contract

Samples: Guarantee Agreement (Central European Distribution Corp)

Repayment to the Company; Unclaimed Money. The Trustee and any Paying Agent shall promptly pay or return to the Company upon Company Order any cash or Government Obligations Securities held by them at any time that are not required for the payment of the principal of (and of, premium, if any) , interest, and interestAdditional Amounts, if any, on the Notes of that series for which cash or Government Obligations Securities have been deposited pursuant to Section 4.04 8.4 or 4.058.5. 83 83 Any money deposited with held by the Trustee or any Paying Agent, or then held by the CompanyAgent under this Article, in trust for the payment of the principal of (and of, premium, if any) , interest and interestAdditional Amounts, if any, on any Note and remaining unclaimed for two years after such principal (and principal, premium, if any) , interest and interestAdditional Amounts, if any, has become due and payable shall, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, shall be paid to the Company on upon Company Request Order or (if then held by the Company) Company shall be discharged from such truststrust; and the Holder of the such Note shall, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of such the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment repayment, may at the expense of the Company give written notice to the Holder Holders or cause to be published notice once, in a leading newspaper having a general circulation in New York (which is expected to be The Wall Street Journal) and in Amsterdam (which is expected to be Het Financieele Dagblad ) (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Note Stock Exchange shall so require, a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)) or in the manner set forth case of Definitive Notes, mail to Holders by first-class mail, postage prepaid, at their respective addresses as they appear on the registration books of the Registrar (and, if and so long as the Notes are listed on the Luxembourg Stock Exchange and the rules of such Stock Exchange shall so require, publish in Section 1.06a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort)), that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publicationnotification, any unclaimed balance of such money then remaining will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, will be repaid to the Company, as the case may be.

Appears in 1 contract

Samples: Indenture (Versatel Telecom International N V)

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