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

Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 and 8.02 of this Indenture, the Trustee and the Paying Agent shall promptly pay to the Company upon request any excess U.S. Legal Tender or U.S. Government Obligations held by them at any time. The Trustee and the Paying Agent will pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it for the payment of principal or interest that remains unclaimed for two years after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need not, at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 2 contracts

Samples: Indenture (New World Coffee Manhattan Bagel Inc), Indenture (Discovery Zone Inc)

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Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 and 8.02 of this Indenture8.02, the Trustee and the Paying Agent shall promptly pay to the Company upon written request from the Company any excess U.S. Legal Tender or U.S. Government Obligations held by them at any time. The Trustee and the Paying Agent will shall pay to the Company, upon written request from the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it them for the payment of principal principal, premium, if any, or interest that remains unclaimed for two years after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need not, at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 thirty (30) days from the date of such publication or mailing, any unclaimed balance of such money then remaining will shall be repaid to the Company. After payment to the Company, Holders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (BRPP LLC)

Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 7.07 and 8.02 of this Indenture8.01, the Trustee and the Paying Agent shall promptly pay to the Company Company, upon request receipt by the Trustee of an Officers' Certificate, any excess U.S. Legal Tender or U.S. Government Obligations money, determined in accordance with Section 8.01, held by them it at any time. The Trustee and the Paying Agent will shall pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it for the payment of principal principal, premium, if any, or interest that remains unclaimed for two years one year after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need notshall, at the expense of the Company and within 10 days of receipt of the Officers' Certificate described above, cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders Securityholders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated designates another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (Leslies Poolmart Inc)

Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 7.07 and 8.02 of this Indenture8.01, the Trustee and the Paying Agent shall promptly pay to the Company Company, upon request receipt by the Trustee of an Officers' Certificate, any excess U.S. Legal Tender or U.S. Government Obligations money, determined in accordance with Section 8.01, held by them it at any time. The Trustee and the Paying Agent will shall pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it for the payment of principal principal, premium, if any, or interest that remains unclaimed for two years one year after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required -------- ------- to make any payment may, but need notare not required to, at the expense of the Company and within 10 days of receipt of the Officers' Certificate described above, cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders Securityholders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated designates another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (Leslies Poolmart Inc)

Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 and 8.02 of this Indenture, the Trustee and the Paying Agent shall promptly pay to the Company upon request any excess U.S. Legal Tender or U.S. Government Obligations held by them at any time. The Trustee and the Paying Agent will pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it for the payment of principal or interest that remains unclaimed for two years after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need not, at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (New World Restaurant Group Inc)

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Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 Section 7.07 and 8.02 of this IndentureSection 8.01, the Trustee and the Paying Agent shall promptly pay to the Company Company, upon request receipt by the Trustee of an Officers’ Certificate, any excess U.S. Legal Tender or U.S. Government Obligations money, determined in accordance with Section 8.01, held by them it at any time. The Trustee and the Paying Agent will shall pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, any money held by it for the payment of principal principal, premium, if any, or interest that remains unclaimed for two years one year after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need notshall, at the expense of the Company and within 10 days of receipt of the Officers’ Certificate described above, cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders Securityholders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated designates another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (Leslies Poolmart Inc)

Repayment to the Company; Unclaimed Money. Subject to Sections 7.07, 8.01 and 8.02 of this Indenture8.02, the Trustee and the Paying Agent shall promptly pay to the Company upon request any excess U.S. Legal Tender or U.S. Government Obligations held by them at any time. The Trustee and the Paying Agent will pay to the Company upon receipt by the Trustee or the Paying Agent, as the case may be, of an Officers' Certificate, ’ Certificate any money held by it for the payment of principal or interest that remains unclaimed for two years after payment to the Holders is required; provided, however, that the Trustee and the Paying Agent before being required to make any payment may, but need not, at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each Holder entitled to such money notice that such money remains unclaimed and that after a date specified therein, which shall be at least 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Holders entitled to money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designated another Person, and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease.

Appears in 1 contract

Samples: Indenture (Coinmach Service Corp)

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