Common use of Satisfaction of Indenture Clause in Contracts

Satisfaction of Indenture. (a) If the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the Notes, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Persons, all amounts payable or secured under this Indenture, then the pledge of the Trust Estate and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this Indenture. If the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given notice of redemption as provided herein on said date, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation or fully collateralized by Governmental Obligations as defined below) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from such

Appears in 1 contract

Samples: Indenture of Trust

AutoNDA by SimpleDocs

Satisfaction of Indenture. (a) If the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the NotesNoteholders, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Persons, all amounts payable or secured under this Indenture, then the pledge of the Trust Estate Estate, except the Department SAP Rebate Fund, and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes Noteholders and all other obligations due and outstanding shall thereupon cease, terminate and become void and be discharged and satisfied, except to the extent payable from the Department SAP Rebate Fund. In such event, and upon written direction, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this IndentureAuthority. If the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners Noteholders of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners Noteholders thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of subsection (a) of this Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the its Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given irrevocable instructions for notice of redemption to be given as provided herein on said dateherein, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation Authority or fully collateralized by Governmental Obligations as defined below) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) subsection (b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided by the Authority to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchpaid

Appears in 1 contract

Samples: Indenture of Trust

Satisfaction of Indenture. (a) If the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the NotesNoteholders, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Persons, all amounts payable or secured under this Indenture, then the pledge of the Trust Estate Estate, except the Department SAP Rebate Fund, and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes Noteholders and all other obligations due and outstanding shall thereupon cease, terminate and become void and be discharged and satisfied, except to the extent payable from the Department SAP Rebate Fund. In such event, and upon written direction, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this IndentureAuthority. If the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners Noteholders of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners Noteholders thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of subsection (a) of this Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the its Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given irrevocable instructions for notice of redemption to be given as provided herein on said dateherein, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation Authority or fully collateralized by Governmental Obligations as defined below) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchsubsection

Appears in 1 contract

Samples: Indenture of Trust

Satisfaction of Indenture. (a) If IF the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the Notes, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Personspersons, all amounts payable or secured under this Indenture, then THEN the pledge of the Trust Estate and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this Indenture. If IF the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then THEN such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given notice of redemption as provided herein on said date, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation or fully collateralized by Governmental Obligations as defined belowObligations) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchinterest

Appears in 1 contract

Samples: Indenture of Trust

Satisfaction of Indenture. (a) If the Authority Issuer shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the NotesOwners, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Personseach Swap Counterparty, all amounts payable or secured under this IndentureIssuer Swap Payments then due, then the pledge of the Trust Estate Estate, and all covenants, agreements agreements, and other obligations of the Authority Issuer to the Registered Owners of Notes other than as provided in the paragraph immediately following the Granting Clauses hereof shall thereupon cease, terminate terminate, and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority Issuer all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this Indenture. If the Authority Issuer shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners of any Outstanding Notes the principal of and interest on such Notes and to each Swap Counterparty, all other Persons all amounts payable or secured under this IndentureCounterparty Swap Payments then due, at the times and in the manner stipulated in this Indenture and such Notesin the Swap Agreement, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person Swap Counterparty shall cease to be entitled to any lien, benefit benefit, or security under this Indenture, and all covenants, agreements agreements, and obligations of the Authority Issuer to the Registered Owners thereof and each such other Person Swap Counterparty shall thereupon cease, terminate terminate, and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Stated Maturity Date or earlier redemption date thereof. Any All Outstanding Note Notes shall, prior to the Note Final Stated Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in Section 10.02(a) hereof if (i) such Note is Notes are to be redeemed on any date prior to its Note Final their Stated Maturity Date and (ii) the Authority Issuer shall have given notice of redemption as provided herein on said date, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation Issuer or fully collateralized by Governmental Obligations as defined belowObligations) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchof

Appears in 1 contract

Samples: Indenture of Trust (Union Financial Services I Inc)

AutoNDA by SimpleDocs

Satisfaction of Indenture. (a) If the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the Notes, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Persons, all amounts payable or secured under this Indenture, then the pledge of the Trust Estate and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this Indenture. If the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given notice of redemption as provided herein on said date, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation or fully collateralized by Governmental Obligations as defined below) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchNote

Appears in 1 contract

Samples: Indenture of Trust

Satisfaction of Indenture. (a) If the Authority shall pay, or cause to be paid, or there shall otherwise be paid (i) to the Registered Owners of the NotesNoteholders, the principal of and interest on the Notes, at the times and in the manner stipulated in this Indenture and (ii) to all other Persons, all amounts payable or secured under this Indenture, then the pledge of the Trust Estate Estate, except the Department SAP Rebate Fund, and all covenants, agreements and other obligations of the Authority to the Registered Owners of Notes Noteholders and all other obligations due and outstanding shall thereupon cease, terminate and become void and be discharged and satisfied, except to the extent payable from the Department SAP Rebate Fund. In such event, and upon written direction, the Trustee shall execute and deliver to the Authority all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver all money held by it under this Indenture to the party entitled to receive the same under this IndentureAuthority. If the Authority shall pay or cause to be paid, or there shall otherwise be paid, to the Registered Owners Noteholders of any Outstanding Notes the principal of and interest on such Notes and to all other Persons all amounts payable or secured under this Indenture, at the times and in the manner stipulated in this Indenture and such Notes, and such other agreement or instrument payments under which amounts are payable or secured under this Indenture, then such Notes and each such other Person shall cease to be entitled to any lien, benefit or security under this Indenture, and all covenants, agreements and obligations of the Authority to the Registered Owners Noteholders thereof and each such other Person shall thereupon cease, terminate and become void and be discharged and satisfied. (b) Notes or interest installments shall be deemed to have been paid within the meaning of subsection (a) of this Section 10.02(a) hereof if money for the payment or redemption thereof has been set aside and is being held in trust by the Trustee at the Note Final Maturity Date or earlier redemption date thereof. Any Outstanding Note shall, prior to the its Note Final Maturity Date or earlier redemption thereof, be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 10.02(a) hereof if (i) such Note is to be redeemed on any date prior to its Note Final Maturity Date and (ii) the Authority shall have given irrevocable instructions for notice of redemption to be given as provided herein on said dateherein, there shall have been deposited with the Trustee either money (fully insured by the Federal Deposit Insurance Corporation Authority or fully collateralized by Governmental Obligations as defined below) in an amount which shall be sufficient, or Governmental Obligations (including any Governmental Obligations issued or held in book-entry form on the books of the Department of Treasury of the United States of America) the principal of and the interest on which when due will provide money which, together with the money, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal of and interest to become due on such Note on and prior to the redemption date or Note Final Maturity Date thereof, as the case may be. Notwithstanding anything herein to the contrary, however, no such deposit shall have the effect specified in this Section 10.02(b) (A) if made during the existence of an Event of Default, unless made with respect to all of the Notes then Outstanding and (B) unless on the date of such deposit the interest rate on the Notes, to the date of any final payment or redemption shall be known and to the extent the defeasance is dependent upon interest earnings on Governmental Obligations there shall be provided to the Trustee a report of an Independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay in full the Outstanding Notes to be redeemed or to be deemed paid pursuant to this Section 10.02(b). Neither Governmental Obligations nor money deposited with the Trustee pursuant to this Section 10.02(b) nor principal or interest payments on any such Governmental Obligations shall be withdrawn or used for any purpose other than, and shall be held irrevocably in trust in an escrow account for, the payment of the principal of and interest on such Notes. Any cash received from such principal of and interest on such Governmental Obligations deposited with the Trustee, if not needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations maturing at times and in amounts sufficient to pay when due the principal of and interest on such Notes on and prior to such redemption date or Note Final Maturity Date thereof, as the case may be, and interest earned from suchthe

Appears in 1 contract

Samples: Indenture of Trust

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!