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 or interest or Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on the Notes and not applied but remaining unclaimed by the Holders thereof for two years after the date upon which the principal of or interest or 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, 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 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.

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 or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest (including Liquidated Damages) on the Convertible Subordinated Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest (including Liquidated Damages) on such Convertible Subordinated Notes, as the case may be, 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 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 holder of any of the Convertible Subordinated Notes 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.

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 or interest or Liquidated DamagesAdditional Amounts, if any, and the Redemption Price, Purchase Price and Designated Event Fundamental Change Repurchase Price, if applicable, on the Notes and not applied but remaining unclaimed by the Holders thereof for two years after the date upon which the principal of or interest or Liquidated DamagesAdditional Amounts, if any, and the Redemption Price, Purchase Price and Designated Event Fundamental Change Repurchase Price, if applicable, on such Notes, as the case may be, 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 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.

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 or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, or interest (including Liquidated Damages) if applicable, any on the Convertible Subordinated Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest (including Liquidated Damages) on such Convertible Subordinated Notes, as the case may be, 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 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 holder of any of the Convertible Subordinated Notes 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 personPerson.

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 or interest or (including Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, ) on the Convertible Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or (including Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, ) on such Convertible Notes, as the case may be, 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 holder of a 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 holder of any of the Convertible Notes 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. In the absence of a written request from the Company or the Guarantor to return unclaimed funds to the Company or the Guarantor, as the case may be, the Trustee shall from time to time deliver all unclaimed funds held by it in any capacity hereunder to or as directed by applicable escheat authorities, as determined by the Trustee in its sole discretion, in accordance with the customary practices and procedures of the Trustee. Any unclaimed funds held by the Trustee in any capacity hereunder pursuant to this Section 8.4 shall be held uninvested and without any liability for interest.

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 or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Priceinterest or Additional Amounts, if applicableany, on the Notes Securities and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Priceinterest or Additional Amounts, if applicableany, on such NotesSecurities, as the case may be, 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 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 holder of any of the Securities 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.

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 or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest (including Liquidated Damages) on the Senior Convertible Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest (including Liquidated Damages) on such Senior Convertible Notes, as the case may be, 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 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 holder of any of the Senior Convertible Notes 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.

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 or of, premium, if any, interest or Liquidated Registration Default Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on the Convertible Subordinated Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or of, premium, if any, interest or Liquidated Registration Default Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on such Convertible Subordinated Notes, as the case may be, 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 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 holder of any of the Convertible Subordinated Notes 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.

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 or of, premium, if any, interest (including Contingent Interest, if any) or Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on the Convertible Subordinated Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or of, premium, if any, interest (including Contingent Interest, if any) or Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, on such Convertible Subordinated Notes, as the case may be, 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 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 holder of any of the Convertible Subordinated Notes 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.

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 or interest or (including Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, ) on the Exchangeable Notes and not applied but remaining unclaimed by the Holders holders thereof for two years after the date upon which the principal of or interest or (including Liquidated Damages, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, ) on such Exchangeable Notes, as the case may be, 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 holder of an Exchangeable 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 holder of any of the Exchangeable Notes 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. In the absence of a written request from the Company to return unclaimed funds to the Company, as the case may be, the Trustee shall from time to time deliver all unclaimed funds held by it in any capacity hereunder to or as directed by applicable escheat authorities, as determined by the Trustee in its sole discretion, in accordance with the customary practices and procedures of the Trustee. Any unclaimed funds held by the Trustee in any capacity hereunder pursuant to this Section 8.4 shall be held uninvested and without any liability for interest.

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 or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, or interest on the Notes Debentures and not applied but remaining unclaimed by the Holders thereof holders of Debentures for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, and the Redemption Price, Purchase Price and Designated Event Repurchase Price, if applicable, 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 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 demand and all liability of the Trustee shall thereupon cease with respect to such monies; and the Holder holder of any of the Debentures 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.provided, however, that the Trustee, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper acceptable to the Company, 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. ARTICLE FOURTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS

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 or interest or Liquidated Damagesof, premium, if any, or accrued and the Redemption Priceunpaid interest and accrued and unpaid Additional Interest, Purchase Price and Designated Event if any, on Notes (including any Fundamental Change Repurchase Price, if applicable, on the Notes ) and not applied but remaining unclaimed by the Holders thereof Noteholders for two years after the date upon which the principal of or interest or Liquidated Damagesof, premium, if any, or accrued and the Redemption Price, Purchase Price unpaid interest or accrued and Designated Event Repurchase Priceunpaid Additional Interest, if applicableany, 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 holder of any of the Notes 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, premium, if any, or accrued and unpaid interest or accrued and unpaid Additional Interest, if any, on Notes (including any Fundamental Change Repurchase Price), as described in this Section 13.04 and upon written request of the Company, return to the Company any funds in excess of the amount required for such payment.