Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as Paying Agent with respect to any series of Securities, it will, on or before each due date for the principal of or premium, if any, or interest on any of the Securities of such series, segregate and hold in trust for the benefit of the Holders of such Securities a sum sufficient to pay the principal and premium, if any, and interest so becoming due until such sums shall be paid to such Holders or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on each due date for the principal of or premium, if any, or interest on any Securities of such series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for the Holders of such Securities entitled to the same, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for the benefit of Holders or the Trustee all money held by such Paying Agent for the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing of any default by the Company in making any such payment and that it shall any time during the continuance of such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held by such Paying Agent. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.
Appears in 8 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, Inc.)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company or any Subsidiary Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (prior to 11:00 A.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company Company, the Subsidiary Guarantors, if applicable, or any other obligor upon the Securities of that series in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, New York, 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.
Appears in 4 contracts
Samples: Indenture (Bristow Helicopters Inc), Infrastructure & Energy Alternatives, Inc., Indenture (Approach Resources Inc)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own, or authorize the Guarantor to act as, Paying Agent with respect to any series of Securitiesany Securities and any related coupons, it will, on or before each due date for of the principal of (or premium, if any) or interest, or interest if any, on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders Persons entitled thereto a sum in the Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities a sum of such series and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal of (and premium, if any) and interest, and interest if any, on Securities of such series so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided provided, and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of SecuritiesSecurities and any related coupons, it will, no later than 10:00 a.m. (New York City time) on or before each due date for of the principal of (or premium, if any) or interest, or interest if any, on any Securities of such that series, deposit with a Paying Agent a sum (in the Currency described in the preceding paragraph) sufficient to pay such amountthe principal (or premium, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the Holders benefit of such Securities the Persons entitled to the samesuch principal, premium or interest and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for the benefit of Holders or the Trustee all money held by such Paying Agent for the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing of any default by the Company in making any such payment and that it shall any time during the continuance of such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held by such Paying Agent. The Company Guarantor may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order or Guarantor Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneysums. Subject to Except as otherwise provided in the Securities of any applicable abandoned property lawseries, any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompany or the Guarantor, in trust for the payment of the principal of (or premium, if any) or interest, or interest if any, on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on upon Company Request, or Request (if then held by the Company) or, if deposited by the Guarantor, paid to the Guarantor on Guarantor Request shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company and the Guarantor for payment thereofof such principal, premium or interest on any Security, without interest thereon, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Company or the Guarantor cause to be published once, in an Authorized Newspaper, 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 or the Guarantor, as the case may be.
Appears in 3 contracts
Samples: Indenture (DEERE FUNDING CANADA Corp), Indenture (DEERE FUNDING CANADA Corp), Indenture (Deere & Co)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as Paying Agent with respect to any series of Securities, it will, on or before each due date for the principal of or premium, if any, or interest on any of the Securities of such series, segregate and hold in trust for the benefit of the Holders of such Securities a sum sufficient to pay the principal and premium, if any, and interest so becoming due until such sums shall be paid to such Holders or otherwise disposed of as herein provided and will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 11:00 a.m. (New York City time) on each due date for the principal of or premium, if any, or interest on any Securities of such series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for the Holders of such Securities entitled to the same, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for the benefit of Holders or the Trustee all money held by such Paying Agent for the payment of principal of, premium, if any, of or interest on the Securities and shall notify the Trustee in writing of any default by the Company in making any such payment and that it shall payment. Upon any time during the continuance Event of such defaultDefault under Sections 5.01(5), upon the written request of the Trustee, forthwith pay to the Trustee all sums so held by such shall automatically become the Paying Agent. Agent The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.
Appears in 3 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.), Indenture (Blue Owl Capital Inc.)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company Issuer shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on or prior to each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Issuer will promptly notify the Trustee in writing of its action or failure so to act. The Company Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company Issuer (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company Issuer on Company Issuer Request, or (if then held by the CompanyIssuer) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan in the City of New York, New York, 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 Issuer.
Appears in 3 contracts
Samples: Gtrans LLC, Etrans LLC, Electric Generation LLC
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on prior to each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company or any other obligor upon the Securities of that series in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafterthere after, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, New York, 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.
Appears in 2 contracts
Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (on or prior to 12:30 P.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid paid, subject to applicable escheatment laws, to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall, at the expense of the Company, cause to be published once, in The New York Times or The Wall Street Journal (national edition), 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.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy E&P LLC)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on prior to each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company or any other obligor upon the Securities of that series in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, New York, 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.
Appears in 2 contracts
Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company or the Guarantors shall at any time act as its or their own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company or the Guarantors, as the case may be, shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on prior to each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company or Guarantors have deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company or the Guarantors, as the case may be, will promptly notify the Trustee of its action or failure so to act. The Company or the Guarantors, as the case may be, will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company or the Guarantors, as the case may be, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order or Guarantor Order, as applicable, direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or the Guarantors, as the case may be, or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or the Guarantors, as the case may be, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompany or the Guarantors, as the case may be, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company or the Guarantors, as the case may be, on Company Request or Guarantor Request, as applicable, or (if then held by the CompanyCompany or the Guarantors, as the case may be) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company or the Guarantors, as the case may be, for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company or the Guarantors, as the case may be, as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company or the Guarantors, as the case may be, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in New York, New York, 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 or the Guarantors, as the case may be.
Appears in 2 contracts
Samples: SSL South, LLC, SSL South, LLC
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as Paying Agent with respect to any series of Securities, it will, on or before each due date for the principal of or premium, if any, or interest on any of the Securities of such series, segregate and hold in trust for the benefit of the Holders of such Securities a sum sufficient to pay the principal and premium, if any, and interest so becoming due until such sums shall be paid to such Holders or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 11:00 a.m. (New York City time) on each due date for the principal of or premium, if any, or interest on any Securities of such series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for the Holders of such Securities entitled to the same, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for the benefit of Holders or the Trustee all money held by such Paying Agent for the payment of principal of, premium, if any, of or interest on the Securities and shall notify the Trustee in writing of any default by the Company in making any such payment and that it shall any time during the continuance of such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held by such Paying Agentpayment. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.
Appears in 2 contracts
Samples: Indenture (Ares Management Corp), Indenture (Ares Management Corp)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company Issuer or a Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it willshall, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest (and Additional Amounts and Successor Additional Amounts) so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will shall promptly notify the Trustee in writing of its action or failure so to act. Whenever the Company Issuer shall have one or more Paying Agents for any series of Securities, it willshall, no later than 10:00 a.m. (New York City time) on or prior to each due date for of the principal of or premium, if any, any premium or interest (and Additional Amounts and Successor Additional Amounts) on any Securities of such series, deposit with a Paying Agent a sum sufficient to pay such amountamount and with sufficient time to meet any applicable payment system deadline to make such payment in respect of the Securities of each such series, such sum to be held in trust for the Holders benefit of such Securities the Persons entitled to the samesuch principal or any premium or interest, and (unless such Paying Agent is the Trustee) the Company will Issuer shall promptly notify the Trustee in writing of its action or failure so to act. The Company will Issuer shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall (1) hold in trust for the benefit of Holders or the Trustee all money sums held by such Paying Agent it for the payment of the principal of, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on Securities in trust for the Securities and benefit of the Persons entitled thereto until such sums shall notify be paid to such Persons or otherwise disposed of as herein provided, (2) give the Trustee in writing notice of any default by the Company Issuer (or any other obligor upon the Securities of such series) in the making of any payment of principal, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on the Securities of such payment series or any Guarantee and that it shall any time (3) during the continuance of any default by the Issuer or a Guarantor (or any other obligor upon the Securities of such defaultseries) in the making of any payment in respect of the Securities of such series or any Guarantee, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of such series or such Guarantee(s). The Company Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuer or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer or a Guarantor, in trust for the payment of the principal of or premium, if any, any premium or interest (or Additional Amounts or Successor Additional Amounts) on any Security of any series and remaining unclaimed for two years after such principal, premium premium, interest (or interest Additional Amounts or Successor Additional Amounts) has become due and payable shall shall, upon receipt of a Issuer Request, be paid to the Company on Company RequestIssuer or a Guarantor by the Trustee or such Paying Agent, or (if then held by the CompanyIssuer or a Guarantor) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer or a Guarantor for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuer or such Guarantor as trustee thereof, shall thereupon cease.
Appears in 2 contracts
Samples: Indenture (Amcor PLC), Indenture (Amcor PLC)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company Issuers shall have one or more Paying Agents for any series of Securities, it the Issuers will, no later than 10:00 a.m. (on or prior to 11:00 A.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Issuers have deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company Issuers will promptly notify the Trustee of its action or failure so to act. 43 The Company Issuers will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company Issuers (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company Issuers may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Issuer Request (or if deposited by a Guarantor, paid to such Guarantor on Guarantor Request), or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company Issuers or such Guarantor, as the case may be, for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuers or such Guarantor, as the case may be, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, 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 or the applicable Guarantor, as the case may be.
Appears in 1 contract
Samples: Indenture (Western Gas Partners LP)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (on or prior to 11:00 A.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities (if other than the Trustee Trustee) to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request (or if deposited by a Guarantor, paid to such Guarantor on Guarantor Request), or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured [unsecured] general creditor, look only to the Company or such Guarantor, as the case may be, for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may, at the expense of the Company or such Guarantor, as the case may be, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, 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 or the applicable Guarantor, as the case may be. Section 1004 Corporate Existence. Subject to Article VIII, the Company will do or cause to be done all things necessary to preserve and keep in full force and effect its corporate existence.
Appears in 1 contract
Samples: Indenture (Cott USA Finance LLC)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company or the Parent Guarantor shall at any time act as Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, and any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, and any premium or interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on prior to each due date for of the principal of or premium, if any, and any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (i) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (ii) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company or the Parent Guarantor (or any other obligor upon the Securities of that series) in the making of any such payment in respect of the Securities of that series, and that it shall any time during the continuance of such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or the Parent Guarantor, or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or the Parent Guarantor, or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompany or the Parent Guarantor, in trust for the payment of the principal of or premium, if any, and any premium or interest on any Security of any series and remaining unclaimed for two years after such principalprincipal (and premium, premium if any) or interest has become due and payable shall be paid to the Company or the Parent Guarantor on Company Request, or (if then held by the CompanyCompany or the Parent Guarantor) shall be discharged from such trust; and the Holder of such Security shall shall, thereafter, as an unsecured general creditor, look only to the Company and the Parent Guarantor for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company or the Parent Guarantor as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company or the Parent Guarantor cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in New York, New York, 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 or the Parent Guarantor, as their interests may appear.
Appears in 1 contract
Samples: MSD Netherlands Capital B.V.
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (on or prior to 12:30 P.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property lawescheat laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request [if applicable, insert — (or if deposited by a Guarantor, paid to such Guarantor on Guarantor Request)], or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company [if applicable, insert — or such Guarantor, as the case may be,] for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall, at the written direction of the Company [if applicable, insert, a Guarantor], at the expense of the Company, cause to be published once, in The New York Times or The Wall Street Journal (national edition), 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 [if applicable, insert — , or the applicable Guarantor as the case may be].
Appears in 1 contract
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (New York City time) on or prior to each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (i) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (ii) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in making the mailing of any such payment in respect of the Securities of that series, and that it shall any time during the continuance of such default, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, The City of New York, 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.
Appears in 1 contract
Samples: Indenture (Commercial Metals Co)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company or any Subsidiary Guarantor shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (prior to 11:00 A.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company Company, the Subsidiary Guarantors, if applicable, or any other obligor upon the Securities of that series in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying Agent for payment in respect of the Securities of that series. Upon any Event of Default under Section 501(6) or (7), the Trustee shall automatically be the Paying Agent. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, New York, 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.
Appears in 1 contract
Samples: Goodrich Petroleum Corp
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (on or prior to 12:30 P.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company has deposited any 67 trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall, at the expense of the Company, cause to be published once, in The New York Times or The Wall Street Journal (national edition), 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.
Appears in 1 contract
Samples: Indenture (Diamondback Energy, Inc.)
Section 1003 Money for Securities Payments to Be Held in Trust. If the Company shall at any time act as its own Paying Agent with respect to any series of Securities, it will, on or before each due date for of the principal of or premium, if any, any premium or interest on any of the Securities of such that series, segregate and hold in trust for the benefit of the Holders of such Securities Persons entitled thereto a sum sufficient to pay the principal and premium, if any, any premium and interest so becoming due until such sums shall be paid to such Holders Persons or otherwise disposed of as herein provided and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for any series of Securities, it will, no later than 10:00 a.m. (on or prior to 12:30 P.M., New York City time) , on each due date for of the principal of or premium, if any, any premium or interest on any Securities of such that series, deposit (or, if the Company has deposited any trust funds with a trustee pursuant to Section 1304(1), cause such trustee to deposit) with a Paying Agent a sum sufficient to pay such amount, such sum to be held in trust for as provided by the Holders of such Securities entitled to the sameTrust Indenture Act, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of its action or failure so to act. The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent shall hold in trust for will (1) comply with the benefit provisions of Holders or the Trustee all money held by such Trust Indenture Act applicable to it as a Paying Agent for and (2) during the payment of principal of, premium, if any, or interest on the Securities and shall notify the Trustee in writing continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any such payment and in respect of the Securities of that it shall any time during the continuance of such defaultseries, upon the written request of the Trustee, forthwith pay to the Trustee all sums so held in trust by such Paying AgentAgent for payment in respect of the Securities of that series. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to any applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or premium, if any, any premium or interest on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the Company on Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall, at the expense of the Company, cause to be published once, in The New York Times or The Wall Street Journal (national edition), 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.
Appears in 1 contract