Common use of Return of Unclaimed Monies Clause in Contracts

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under or accrued and unpaid interest (including Additional Interest, if any) on, Notes and not applied but remaining unclaimed by the Noteholders for two years after the date upon which the principal of, other amounts payable under, or accrued and unpaid interest (including Additional Interest, if any) on such Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written request and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such payment.

Appears in 3 contracts

Samples: Forest City Enterprises Inc, Forest City Enterprises Inc, Forest City Enterprises Inc

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Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under of or accrued and unpaid interest (including Additional Interestor Liquidated Damages, if any) on, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on the Notes and not applied but remaining unclaimed by the Noteholders Holders thereof for two years after the date upon which the principal of, other amounts payable under, of or accrued and unpaid interest (including Additional Interestor Liquidated Damages, if any) , and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on such Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the written request and expense of the Company, shall have first caused notice of such payment to the Company to be mailed to each Holder entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes Holder shall thereafter look only to the Company for any payment which such holder Holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 3 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Delta Air Lines Inc /De/, Delta Air Lines Inc /De/

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under premium, if any, or accrued and unpaid interest (including Additional Interest, if anyLiquidated Damages) on, on Convertible Subordinated Notes and not applied but remaining unclaimed by the Noteholders holders thereof for two years after the date upon which the principal of, other amounts payable underpremium, if any, or accrued and unpaid interest (including Additional Interest, if anyLiquidated Damages) on such Convertible Subordinated Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the request of the Company, shall have first caused notice of such payment to the Company to be mailed to each holder of a Convertible Subordinated Note entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Convertible Subordinated Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 2 contracts

Samples: Indenture (School Specialty Inc), Amkor Technology Inc

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under or accrued and unpaid interest (including Additional Interestpremium, if any) on, interest or Registration Default Damages, if any, on Convertible Subordinated Notes and not applied but remaining unclaimed by the Noteholders holders thereof for two years after the date upon which the principal of, other amounts payable under, or accrued and unpaid interest (including Additional Interestpremium, if any) , interest or Registration Default Damages, if any, on such Convertible Subordinated Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the request of the Company, shall have first caused notice of such payment to the Company to be mailed to each holder of a Convertible Subordinated Note entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Convertible Subordinated Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 1 contract

Samples: Cke Restaurants Inc

Return of Unclaimed Monies. Subject to the requirements of applicable law, any Any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under or accrued and unpaid interest (including Additional Interestpremium, if any) on, Notes or interest on Debentures and not applied but remaining unclaimed by the Noteholders holders of Debentures for two years after the date upon which the principal of, other amounts payable under, or accrued and unpaid interest (including Additional Interestpremium, if any) , or interest on such NotesDebentures, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written request demand and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes Debentures shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shallprovided, promptly after however, that the Trustee, before being required to make any such payment repayment, may at the expense of the principal ofCompany cause to be published once, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of a newspaper acceptable to the Company, return 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, any unclaimed balance of such money then remaining will be repaid to the Company any funds in excess of the amount required for such payment.Company. ARTICLE FOURTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS

Appears in 1 contract

Samples: Indenture (Silicon Graphics Inc /Ca/)

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under or accrued and unpaid premium, if any, interest (including Additional Contingent Interest, if any) onor Liquidated Damages, if any, on Convertible Subordinated Notes and not applied but remaining unclaimed by the Noteholders holders thereof for two years after the date upon which the principal of, other amounts payable underpremium, or accrued and unpaid if any, interest (including Additional Contingent Interest, if any) or Liquidated Damages, if any, on such Convertible Subordinated Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the request of the Company, shall have first caused notice of such payment to the Company to be mailed to each holder of a Convertible Subordinated Note entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Convertible Subordinated Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 1 contract

Samples: School Specialty (School Specialty Inc)

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under or accrued and unpaid interest (including Additional Interestpremium, if any) on, Notes interest or Additional Amounts, if any, on the Securities and not applied but remaining unclaimed by the Noteholders holders thereof for two years after the date upon which the principal of, other amounts payable under, or accrued and unpaid interest (including Additional Interestpremium, if any) , interest or Additional Amounts, if any, on such NotesSecurities, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the written request and expense of the Company, shall have first caused notice of such payment to the Company to be mailed to each holder of Securities entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes Securities shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 1 contract

Samples: Western Wireless Corp

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Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under premium, if any, or accrued and unpaid interest (including Additional Interest, if anyLiquidated Damages) on, on Senior Convertible Notes and not applied but remaining unclaimed by the Noteholders holders thereof for two years after the date upon which the principal of, other amounts payable underpremium, if any, or accrued and unpaid interest (including Additional Interest, if anyLiquidated Damages) on such Senior Convertible Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the written request and expense of the Company, shall have first caused notice of such payment to the Company to be mailed to each holder of a Senior Convertible Note entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Senior Convertible Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 1 contract

Samples: Indenture (Gap Inc)

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under of or accrued and unpaid interest (including or Additional InterestAmounts, if any) on, and the Redemption Price, Purchase Price and Fundamental Change Repurchase Price, if applicable, on the Notes and not applied but remaining unclaimed by the Noteholders Holders thereof for two years after the date upon which the principal of, other amounts payable under, of or accrued and unpaid interest (including or Additional InterestAmounts, if any) , and the Redemption Price, Purchase Price and Fundamental Change Repurchase Price, if applicable, on such Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written demand; provided, however, that the Company, or the Trustee at the written request and expense of the Company, shall have first caused notice of such payment to the Company to be mailed to each Holder entitled thereto no less than 30 days prior to such payment and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes Holder shall thereafter look only to the Company for any payment which such holder Holder may be entitled to collect unless an applicable abandoned property law designates another Person. The Trustee shall, promptly after such payment of the principal of, and any accrued and unpaid interest (including Additional Interest, if any), on Notes, as described in this Section 11.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such paymentperson.

Appears in 1 contract

Samples: Indenture (Vishay Intertechnology Inc)

Return of Unclaimed Monies. Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee for payment of the principal of, other amounts payable under premium, if any, or accrued and unpaid interest (including and accrued and unpaid Additional Interest, if any, on Notes (including any Fundamental Change Repurchase Price) on, Notes and not applied but remaining unclaimed by the Noteholders for two years after the date upon which the principal of, other amounts payable underpremium, if any, or accrued and unpaid interest (including or accrued and unpaid Additional Interest, if any) , on such Notes, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee on written request and all liability of the Trustee shall thereupon cease with respect to such monies; and the holder of any of the Notes shall thereafter look only to the Company for any payment which such holder may be entitled to collect unless an applicable abandoned property law designates another Personperson. The Trustee shall, promptly after such payment of the principal of, and any premium, if any, or accrued and unpaid interest (including or accrued and unpaid Additional Interest, if any), on NotesNotes (including any Fundamental Change Repurchase Price), as described in this Section 11.04 13.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such payment.

Appears in 1 contract

Samples: Encore Capital Group Inc

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