Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 9 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (Key Production Co Inc), Indenture (Key Production Co Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 7 contracts
Samples: Subordinated Debt Securities Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company or any Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 6 contracts
Samples: Indenture (Horton D R Inc /De/), Indenture (Horton D R Inc /De/), Indenture (Collins & Aikman Products Co)
Repayment to the Company. (a) The Trustee and the Paying Agent shall promptly pay to the Company upon written request any excess money or securities (as certified by an independent public accountant reasonably acceptable to the Trustee) held by them at any time. .
(b) The Trustee and the Paying Agent shall pay to the Company upon written request any money held by them for the payment of principal principal, premium, if any, or interest that remains unclaimed for two yearsyears after the date upon which such payment shall have become due; provided, however, provided that the Trustee or Company shall have either caused notice of such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause payment to be mailed to each Holder entitled thereto no less than 30 days prior to such repayment or within such period shall have published once such notice in a financial newspaper of general widespread circulation published in the City of New York or mail to each such Holder notice that such money remains unclaimed and thatYork, after a date specified thereinincluding, which shall not be less than 30 days from the date of such publication or mailingwithout limitation, any unclaimed balance of such money then remaining will be repaid to the CompanyThe Wall Street Journal. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors creditor unless an applicable abandoned property law designates another person Person, and all liability of the Trustee or and such Paying Agent with respect to such money shall cease.
Appears in 3 contracts
Samples: Indenture (Clark Material Handling Co), Indenture (Clark Material Handling Co), Indenture (Clark Material Handling Co)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such the Paying Agent, before being required to make any such repayment, may 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 such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person Person and all liability of the Trustee or such the Paying Agent with respect to such money shall cease.
Appears in 2 contracts
Samples: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc)
Repayment to the Company. The Subject to Sections 7.07 and 9.01, the Trustee and the Paying Agent shall promptly pay to the Company upon written request any excess money or securities held by them at any timeit which exceeds the amount required to make payments under this Indenture. The Trustee and the Paying Agent shall pay to the Company upon written request any money held by them it for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, payment may at the expense of the Company cause to be published once in a newspaper of general circulation in the The City of New York or mail to each Holder entitled to such Holder money notice that such money remains unclaimed and that, after a date specified therein, therein which shall not be less than at least 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, Securityholders Holders entitled to the money must look to the Company for payment as general creditors unless an applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall thereupon cease.
Appears in 2 contracts
Samples: Indenture (Trans Resources Inc), Indenture (Trans Resources Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 2 contracts
Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Repayment to the Company. (a) The Trustee and the Paying Agent shall promptly pay to the Company upon written request any excess money or securities (as certified by an independent public accountant reasonably acceptable to the Trustee) held by them at any time. .
(b) The Trustee and the Paying Agent shall pay to the Company upon written request any money held by them for the payment of principal principal, premium, if any, or interest that remains unclaimed for two yearsyears after the date upon which such payment shall have become due; provided, however, provided that the Trustee or Company shall have either caused notice of such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause payment to be published once in a newspaper of general circulation in the City of New York or mail mailed to each such Holder notice that such money remains unclaimed and that, after a date specified therein, which shall not be entitled thereto no less than 30 days from the date prior to such repayment or within such period shall have published such notice in a financial newspaper of such publication or mailingwidespread circulation published in The City of New York, any unclaimed balance of such money then remaining will be repaid to the Companyincluding, without limitation, The Wall Street Journal. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors creditor unless an applicable abandoned property law designates another person Person, and all liability of the Trustee or and such Paying Agent with respect to such money shall cease.
Appears in 2 contracts
Samples: Indenture (Atlantic Express Transportation Corp), Indenture (Atlantic Express Transportation Corp)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders entitled to the money must look to the Company or the Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 2 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company or any Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (HPH Homebuilders 2000 Lp)
Repayment to the Company. The Trustee and the Paying Agent (if other than the Trustee) shall promptly pay return to the Company Company, upon request of the Company, any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest any amount with respect to the Securities that remains unclaimed for two years; provided, however, that the Trustee or such Paying AgentAgent (if other than the Trustee), before being required to make any such repaymentreturn, may may, at the expense of the Company Company, cause to be published once in a The Wall Street Journal or another daily newspaper of general national circulation in the City of New York or mail to each such Holder notice that such money or securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money or securities then remaining will be repaid returned to the Company. After payment return to the Company, Securityholders Holders entitled to the money or securities must look to the Company for payment as general creditors unless an applicable abandoned property law designates another person Person, and all liability of the Trustee or such and the Paying Agent (if other than the Trustee) shall have no further liability with respect to such money shall ceaseor securities for that period commencing after the return thereof.
Appears in 1 contract
Samples: Indenture (Netease Com Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company or any Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Horton D R Inc /De/)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail send to each such Holder notice 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 or mailingsending, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look solely to the Company for payment as general creditors unless applicable abandoned property law designates another person Person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Affirm Holdings, Inc.)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company or any Subsidiary Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Beazer Homes Usa Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders of Notes entitled to the money must look to the Company or any Subsidiary Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Beazer Homes Usa Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; , provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders of Notes entitled to the money must look to the Company or any Subsidiary Guarantor for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Beazer Homes Usa Inc)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Samples: Indenture (Key Production Co Inc)
Repayment to the Company. The Subject to Sections 7.07 and 8.04, the Trustee and the Paying Agent shall promptly pay to the Company upon written request any excess money or securities held by them it at any time. The Trustee and the Paying Agent shall pay to the Company upon written request any money held by them it for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, payment may at the expense of the Company cause to be published once in a newspaper of general circulation in the The City of New York or mail to each Holder entitled to such Holder money notice that such money remains unclaimed and that, after a date specified therein, therein which shall not be less than at least 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, Securityholders Holders entitled to the money must look solely to the Company for payment as general creditors unless an applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall thereupon cease.
Appears in 1 contract
Samples: Indenture (Manischewitz B Co LLC)
Repayment to the Company. The Trustee and the Paying Agent shall promptly pay to the Company upon request any excess money or securities Notes held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in a newspaper of general circulation in the City of New York or mail to each such Holder notice 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 or mailing, any unclaimed balance of such money then remaining will be repaid to the Company. After payment to the Company, Securityholders Holders entitled to the money must look to the Company for payment as general creditors unless applicable abandoned property law designates another person and all liability of the Trustee or such Paying Agent with respect to such money shall cease.
Appears in 1 contract
Repayment to the Company. The Trustee and the each Paying Agent shall promptly pay return to the Company Company, upon request of the Company, any excess money or securities held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of principal or interest any amount with respect to the Securities that remains unclaimed for two years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repaymentreturn, may may, at the expense of the Company Company, cause to be published once in a The Wall Street Journal or another daily newspaper of general circulation in the City of New York national circulation, The Financial Times and Les Echos or La Tribune or mail to each such Holder notice that such money or securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money or securities then remaining will be repaid returned to the Company. After payment return to the Company, Securityholders Holders entitled to the money or securities must look to the Company for payment as general creditors unless an applicable abandoned property law designates another person person, and all liability of the Trustee or such and each Paying Agent shall have no further liability with respect to such money shall cease.or securities for that period commencing after the return thereof. 57
Appears in 1 contract
Samples: Indenture (Stmicroelectronics Nv)