Common use of Return of Unclaimed Moneys Held by Trustee and Paying Agent Clause in Contracts

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer for the payment thereof; provided, however, that the Issuer or the Trustee, before making any such repayment, shall at the expense of the Issuer cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the Issuer. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Issuer acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series or Coupons and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Issuer and unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Issuer by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Issuer in trust as its own Paying Agent no such request need be given and at such time the Issuer shall be discharged from its duty to hold such moneys in trust as Paying Agent), and the Holder of any the Security of such Securities entitled to receive such payment shall Series or Holders of Coupons appertaining thereto shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer for any payment which such Holder may be entitled to collect, and all liability of the payment thereof; providedTrustee or any Paying Agent with respect to such moneys shall thereupon cease. Anything in this Article 10 to the contrary notwithstanding, however, that the Trustee shall deliver or pay to the Issuer from time to time upon the written request of the Issuer any money or Government Obligations held by it as provided in Section 10.01(B)(iv) which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, before making any such repayment, shall at the expense are in excess of the Issuer cause amount thereof which would then be required to be published once a week for two successive weeks (in each deposited to effect such defeasance or covenant defeasance, as the case on any day of the week) in an Authorized Newspapermay be, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the Issuer. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; provided, however, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of of, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company or the Guarantor by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company or the Guarantor for the payment thereof; provided, however, that the Issuer Company or the Guarantor or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany or the Guarantor. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Guarantor’s obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company or the Guarantor makes any payment of interest on or principal of of, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company or the Guarantor, as the case may be, shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Corporation acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series or Coupons attached thereto and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Corporation, promptly be repaid to the Issuer Corporation by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Corporation in trust as its own Paying Agent no such request need be given and at such time the Corporation shall be discharged from its duty to hold such moneys in trust as Paying Agent), and the Holder of any the Securities of such Securities entitled to receive such payment shall Series and of any Coupons appertaining thereto shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer Corporation for any payment which such Holder may be entitled to collect, and all liability of the payment thereofTrustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that the Issuer Trustee or the Trusteesuch Paying Agent, before making being required to make any such repaymentrepayment with respect to moneys deposited with it for any payment (a) in respect of Registered Securities of any Series, shall at the expense of the Issuer Corporation, mail by first-class mail to Holders of such Securities at their addresses as they shall appear on the Security Register, and (b) in respect of Unregistered Securities of any Series, shall at the expense of the Corporation cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized NewspaperNewspaper in the Borough of Manhattan, or mail to each HolderThe City of New York and once in an Authorized Newspaper in London (and if required by Section 3.5, or bothonce in an Authorized Newspaper in Luxembourg), a notice notice, that said such moneys have not been so applied remain and that that, after a date named therein specified therein, which shall not be less than thirty days from the date of such mailing or publication, any unclaimed balance of said moneys such money then remaining will be returned repaid to the IssuerCorporation. If Anything in this Article X to the contrary notwithstanding, the Trustee shall deliver or Paying Agent is unable pay to apply the Corporation from time to time upon the written request of the Corporation any money or Government Obligations held by it as provided in Section 10.1(B)(iii) 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 which would then be required to be deposited to effect such defeasance in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; provided, however, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; provided, however, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of of, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Company acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series or Coupons and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Company and unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Issuer Company by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Company in trust as its own Paying Agent no such request need be given and at such time the Company shall be discharged from its duty to hold such moneys in trust as Paying Agent), and the Holder of any the Security of such Securities entitled to receive such payment shall Series or Holders of Coupons appertaining thereto shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer Company for any payment which such Holder may be entitled to collect, and all liability of the payment thereof; providedTrustee or any Paying Agent with respect to such moneys shall thereupon cease. Anything in this Article 10 to the contrary notwithstanding, howeverthe Trustee shall deliver or pay to the Company from time to time upon the written request of the Company any money or Government Obligations held by it as provided in Section 10.1(B)(iv) which, that in the Issuer or opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, before making any such repayment, shall at the expense are in excess of the Issuer cause amount thereof which would then be required to be published once a week for two successive weeks (in each deposited to effect such defeasance or covenant defeasance, as the case on any day of the week) in an Authorized Newspapermay be, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the Issuer. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company or the Guarantor by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company or the Guarantor for the payment thereof; provided, however, that the Issuer Company or the Guarantor or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany or the Guarantor. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's and the Guarantor's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company or the Guarantor makes any payment of interest on or principal of of, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company or the Guarantor, as the case may be, shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; providedPROVIDED, howeverHOWEVER, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; providedPROVIDED, howeverHOWEVER, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall shall, subject to the unclaimed property law of the state of New York, be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; provided, however, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of of, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Company acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Company, and subject to applicable escheat laws, promptly be repaid to the Issuer Company by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Company in trust as its own Paying Agent no such request need be given and at such time the Company shall be discharged from its request to hold such moneys in trust as Paying Agent), and the Holder of any the Securities of such Securities entitled to receive such payment shall Series shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer Company for any payment which such Holder may be entitled to collect, and all liability of the payment thereofTrustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that the Issuer Trustee or the Trusteesuch Paying Agent, before making being required to make any such repaymentrepayment with respect to moneys deposited with it for any payment in respect to Securities of any Series, shall at the expense and written request of the Issuer cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized NewspaperCompany, or mail by first-class mail to each HolderHolders of such Securities at their addresses as they shall appear on the Security Register, or bothnotice, a notice that said such moneys have not been so applied remain and that that, after a date named therein specified therein, which shall not be less than thirty days from the date of such mailing, any unclaimed balance of said moneys such money then remaining will be returned repaid to the IssuerCompany. If Anything in this Article X to the contrary notwithstanding, the Trustee shall deliver or Paying Agent is unable pay to apply the Company from time to time upon the written request of the Company any money or Government Obligations held by it as provided in Section 10.1(b)(iv) 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 which would then be required to be deposited to effect such defeasance or covenant defeasance, as the case may be, in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Company acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series or Coupons attached thereto and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Company, promptly be repaid to the Issuer Company by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Company in trust as its own Paying Agent no such request need be given and at such time the Company shall be discharged from its duty to hold such moneys in trust as Paying Agent), and the Holder of any the Securities of such Securities entitled to receive such payment shall Series and of any Coupon appertaining thereto shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer Company for any payment which such Holder may be entitled to collect, and all liability of the payment thereofTrustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that the Issuer Trustee or the Trusteesuch Paying Agent, before making being required to make any such repaymentrepayment with respect to moneys deposited with it for any payment (a) in respect of Registered Securities of any Series, shall at the expense of the Issuer Company, mail by first-class mail to Holders of such Securities at their addresses as they shall appear on the Security Register, and (b) in respect of Unregistered Securities of any Series, shall at the expense of the Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized NewspaperNewspaper in the Borough of Manhattan, or mail to each HolderThe City of New York and once in an Authorized Newspaper in London (and if required by Section 3.5, or bothonce in an Authorized Newspaper in Luxembourg), a notice notice, that said such moneys have not been so applied remain and that that, after a date named therein specified therein, which shall not be less than thirty days from the date of such mailing or publication, any unclaimed balance of said moneys such money then remaining will be returned repaid to the IssuerCompany. If Anything in this Article X to the contrary notwithstanding, the Trustee shall deliver or Paying Agent is unable pay to apply the Company from time to time upon the written request of the Company any money or Government Obligations held by it as provided in Section 10.1(B)(iii) 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 which would then be required to be deposited to effect such defeasance or covenant defeasance, as the case may be, in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, premium (if any, ) or interest, if any, interest on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; provided, however, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 or Section 12.2 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; : provided, however, that if the Company makes any payment of interest on or principal of of, or premium (if any) on, or any Additional Amounts, with respect to any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent for the payment of the principal of, or premium, if any, or interest, if any, on, Securities of any series and which shall not be applied but shall remain unclaimed by the Holders of Securities of such series for two years after the date upon which such payment shall have become due and payable, shall be repaid to the Issuer Company by the Trustee on demand; and the Holder of any of such Securities entitled to receive such payment shall thereafter look only to the Issuer Company for the payment thereof; providedPROVIDED, howeverHOWEVER, that the Issuer Company or the Trustee, before making any such repayment, shall at the expense of the Issuer Company cause to be published once a week for two -72- successive weeks (in each case on any day of the week) in an Authorized Newspaper, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the IssuerCompany. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; providedPROVIDED, howeverHOWEVER, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying Agent.

Return of Unclaimed Moneys Held by Trustee and Paying Agent. Any moneys deposited with or paid to the Trustee or any Paying Agent (including the Company acting as its own Paying Agent) for the payment of the principal of, of or premium, if any, or interest, if any, on, Securities interest on any Security of any series Series and which shall not be applied but shall remain remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such payment principal or interest shall have become due and payable, shall shall, upon the written request of the Company, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, promptly be repaid to the Issuer Company by the Trustee on demand; for such Series or such Paying Agent (except that with respect to any amounts then held by the Company in trust as its own Paying Agent no such request need be given and at such time the Company shall be discharged from its duty to hold such moneys in trust as Paying Agent), and the Holder of any the Security of such Securities entitled to receive such payment shall Series shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Issuer Company for any payment which such Holder may be entitled to collect, and all liability of the payment thereof; providedTrustee or any Paying Agent with respect to such moneys shall thereupon cease. Anything in this Article Ten to the contrary notwithstanding, howeverthe Trustee shall deliver or pay to the Company from time to time upon the written request of the Company any money or Government Obligations held by it as provided in Section 10.1(B)(iv) which, that in the Issuer or opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, before making any such repayment, shall at the expense are in excess of the Issuer cause amount thereof which would then be required to be published once a week for two successive weeks (in each deposited to effect such defeasance or covenant defeasance, as the case on any day of the week) in an Authorized Newspapermay be, or mail to each Holder, or both, a notice that said moneys have not been so applied and that after a date named therein any unclaimed balance of said moneys then remaining will be returned to the Issuer. If the Trustee or Paying Agent is unable to apply any money in accordance with Section 12.3 by reason the provisions of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 12.1 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 12.3; provided, however, that if the Company makes any payment of interest on or principal of any Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Securities to receive such payment from the money held by the Trustee or Paying AgentIndenture.