Common use of Repayment to the Guarantors or the Company Clause in Contracts

Repayment to the Guarantors or the Company. Any funds or Governmental Obligations deposited with any paying agent or the Trustee, or then held by the Company or any Guarantor, in trust for payment of principal of, premium, if any, or interest on the Securities of a particular series that are not applied but remain unclaimed by the Holders of such Securities for at least two years after the date upon which the principal of, premium, if any, or interest on such Securities shall have respectively become due and payable, shall be repaid to the Company or such Guarantor, as applicable, or if then held by the Company or any Guarantor shall be discharged from such trust; and thereafter, the paying agent and the Trustee shall be released from all further liability with respect to such funds or Governmental Obligations, and the Holder of any of the Securities entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company or the Guarantors, as applicable, for the payment thereof. Anything in this Article XI to the contrary notwithstanding, subject to Section 7.06, the Trustee shall deliver or pay to the Company or the Guarantors, as applicable, from time to time upon request by the Company or the Guarantors any funds or Governmental Obligations (or other property and any proceeds therefrom) held by it as provided in Sections 11.02 or 11.03 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect a defeasance or covenant defeasance, as the case may be, in accordance with this Article XI.

Appears in 5 contracts

Samples: STERIS PLC, STERIS LTD, STERIS LTD

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Repayment to the Guarantors or the Company. Any funds or Governmental Obligations Government Securities deposited with any paying agent Paying Agent or the Trustee, or then held by the Company or any Guarantor, in trust for payment of principal of, premium, if any, or interest interest, if any, on the Offered Securities of a particular series that are not applied but remain unclaimed by the Holders of such Offered Securities for at least two years after the date upon which the principal of, premium, if any, or interest interest, if any, on such Offered Securities shall have respectively become due and payable, shall be repaid to the Company or such Guarantor, as applicable, or if then held by the Company or any Guarantor shall be discharged from such trust; and thereafter, the paying agent Paying Agent and the Trustee shall be released from all further liability with respect to such funds or Governmental ObligationsGovernment Securities, and the Holder of any of the Offered Securities entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Company or the Guarantors, as applicable, for the payment thereof. Anything in this Article XI VIII to the contrary notwithstanding, subject to Section 7.066.07 of the Base Indenture, the Trustee shall deliver or pay to the Company or the Guarantors, as applicable, from time to time upon request by the Company or the Guarantors any funds or Governmental Obligations Government Securities (or other property and any proceeds therefrom) held by it as provided in Sections 11.02 Section 8.1 hereof, Section 8.2 hereof, Section 8.3 hereof or 11.03 Section 8.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect a an equivalent satisfaction and discharge, legal defeasance or covenant defeasance, as the case may be, in accordance with this Article XIVIII.

Appears in 1 contract

Samples: First Supplemental Indenture (Eagle Materials Inc)

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