Common use of Satisfaction and Discharge of Indenture Unclaimed Monies Clause in Contracts

Satisfaction and Discharge of Indenture Unclaimed Monies. SECTION 11.01. If at any time: (a) the Company shall have delivered to the Trustee for cancellation all Debentures of a series theretofore authenticated (other than any Debentures which shall have been destroyed, lost or stolen and which shall have been replaced or paid as provided in Section 2.07 and Debentures for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereupon repaid to the Company or discharged from such trust, as provided in Section 11.04); or (b) the Company shall deposit or cause to be deposited with the Trustee as trust funds (i) the entire amount in monies or Governmental Obligations or (ii) a combination of monies and Governmental Obligations, sufficient in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay at maturity or upon redemption under arrangements satisfactory to the Trustee for the giving of notice of redemption, all Debentures of a particular series not theretofore delivered to the Trustee for cancellation, including principal (and premium, if any) and interest due or to become due to their date of maturity or date fixed for redemption, as the case may be, and if such deposit shall be made prior to the stated maturity date of the Debentures of that series, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of such Debentures will not recognize gain, loss or income for federal income tax purposes as a result of the satisfaction and discharge of this Indenture with respect to such series and such holders will be subject to federal income taxation on the same amounts and in the same manner and at the same times as if such satisfaction and discharge had not occurred, and if the Company shall also pay or cause to be paid all other sums payable hereunder with respect to such series by the Company, then this Indenture shall thereupon cease to be of further effect with respect to such series except for the provisions of Sections 2.05, 2.07, 4.02 and 7.10, which shall survive until the date of maturity or redemption date, as the case may be, and Sections 7.06 and 11.04 which shall survive to such date and thereafter, and the Trustee, on demand of the Company and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging this Indenture with respect to such series.

Appears in 5 contracts

Samples: Indenture (Columbus Southern Power Co /Oh/), Indenture (Appalachian Power Co), Indiana Michigan Power Co

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Satisfaction and Discharge of Indenture Unclaimed Monies. SECTION 11.01. If at any time: (a) the Company shall have delivered to the Trustee for cancellation all Debentures Securities of a series theretofore authenticated (other than any Debentures Securities which shall have been destroyed, lost or stolen and which shall have been replaced or paid as provided in Section 2.07 and Debentures Securities for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereupon repaid to the Company or discharged from such trust, as provided in Section 11.04); or (b) the Company shall deposit or cause to be deposited with the Trustee as trust funds (i) the entire amount in monies or Governmental Eligible Obligations or (ii) a combination of monies and Governmental Eligible Obligations, sufficient in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay at maturity or upon redemption under arrangements satisfactory to the Trustee for the giving of notice of redemption, all Debentures Securities of a particular series not theretofore delivered to the Trustee for cancellation, including principal (and premium, if any) and interest due or to become due to their date of maturity or date fixed for redemption, as the case may be, and if such deposit shall be made prior to the stated maturity date of the Debentures Securities of that series, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of such Debentures Securities will not recognize gain, loss or income for federal income tax purposes as a result of the satisfaction and discharge of this Indenture with respect to such series and such holders will be subject to federal income taxation on the same amounts and in the same manner and at the same times as if such satisfaction and discharge had not occurred, and if the Company shall also pay or cause to be paid all other sums payable hereunder with respect to such series by the Company, then this Indenture shall thereupon cease to be of further effect with respect to such series except for the provisions of Sections 2.05, 2.07, 4.02 4.02, 7.06, 7.10 and 7.1011.04, which shall survive until the date of maturity or redemption date, as the case may be, and Sections 7.06 7.06, 7.10 and 11.04 which shall survive to such date and thereafter, and the Trustee, on demand of the Company and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging this Indenture with respect to such series.

Appears in 2 contracts

Samples: American Electric Power Co Inc, American Electric Power Co Inc

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Satisfaction and Discharge of Indenture Unclaimed Monies. SECTION 11.01. .....If at any time: (a) the Company shall have delivered to the Trustee for cancellation all Debentures Securities of a series theretofore authenticated (other than any Debentures Securities which shall have been destroyed, lost or stolen and which shall have been replaced or paid as provided in Section 2.07 and Debentures Securities for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereupon repaid to the Company or discharged from such trust, as provided in Section 11.04); or (b) the Company shall deposit or cause to be deposited with the Trustee as trust funds (i) the entire amount in monies or Governmental Eligible Obligations or (ii) a combination of monies and Governmental Eligible Obligations, sufficient in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay at maturity or upon redemption under arrangements satisfactory to the Trustee for the giving of notice of redemption, all Debentures Securities of a particular series not theretofore delivered to the Trustee for cancellation, including principal (and premium, if any) and interest due or to become due to their date of maturity or date fixed for redemption, as the case may be, and if such deposit shall be made prior to the stated maturity date of the Debentures Securities of that series, the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that the holders of such Debentures Securities will not recognize gain, loss or income for federal income tax purposes as a result of the satisfaction and discharge of this Indenture with respect to such series and such holders will be subject to federal income taxation on the same amounts and in the same manner and at the same times as if such satisfaction and discharge had not occurred, and if the Company shall also pay or cause to be paid all other sums payable hereunder with respect to such series by the Company, then this Indenture shall thereupon cease to be of further effect with respect to such series except for the provisions of Sections 2.05, 2.07, 4.02 4.02, 7.06, 7.10 and 7.1011.04, which shall survive until the date of maturity or redemption date, as the case may be, and Sections 7.06 7.06, 7.10 and 11.04 which shall survive to such date and thereafter, and the Trustee, on demand of the Company and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging this Indenture with respect to such series.

Appears in 1 contract

Samples: Indenture (American Electric Power Company Inc)

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