Common use of Subordination Provisions Not Applicable to Money Held in Trust for Holders Clause in Contracts

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money and United States Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine shall be for the sole benefit of the Holders and shall not be subject to this Article Eight. Nothing contained in this Article Eight or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02, from making payments of principal of and interest on the Securities or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities and this Indenture as provided in Article Nine, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b) or in Section 8.06. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 2 contracts

Samples: Indenture (Carrols Corp), Fabrene Group Inc

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Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money and United States U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine 4 shall be for the sole benefit of the Holders and shall not be subject to this Article Eight17. Nothing contained in this Article Eight or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.0217.2, from making payments of principal of and interest on the Securities Securities, or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities and this the Indenture as provided in Article Nine4, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b17.2(b) or in Section 8.0617.6. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Owens & Minor Inc/Va/

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money cash and United States Government Obligations Cash Equivalents deposited in trust with the Trustee pursuant to and in accordance with Article Nine shall be for the sole benefit of the Holders and shall not be subject to this Article Eight. Nothing contained in this Article Eight or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02, from making payments of principal of and interest on the Securities or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's ’s and the Subsidiary Guarantors' ’ obligations under the Securities and this Indenture as provided in Article Nine, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b) 8.02 or in Section 8.06. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Indenture (Carrols Corp)

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money and United States Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine Four of the Original Indenture shall be for the sole benefit of the Holders and shall not be subject to this Article EightSeven. Nothing contained in this Article Eight Seven or elsewhere in this the Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02702 of this First Supplemental Indenture, from making payments of principal of and interest on the Securities Notes or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities Notes and this the Indenture as provided in Article NineFour of the Indenture, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the SecuritiesNotes, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b703(b) of this First Supplemental Indenture or in Section 8.06706 of this First Supplemental Indenture. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Biovail Corp International

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. --------------------------------- All money and United States Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine Four of this Supplemental Indenture shall be for the sole benefit of the Holders and shall not be subject to this Article EightSeven. Nothing contained in this Article Eight Seven or elsewhere in the Indenture or this Supplemental Indenture shall prevent (i) the Company, except under the conditions described in Section 8.027.2, from making payments of principal of and interest on the Securities Notes or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities Notes, the Indenture and this Supplemental Indenture as provided in Article NineFour, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the SecuritiesNotes, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b7.2(b) or in Section 8.067.6. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Canandaigua LTD

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to To Dissolution. All money and United States Government Obligations funds deposited in trust with the Trustee Paying Agent pursuant to and in accordance with Article Nine 13 when permitted pursuant to Article 4 shall be for the sole benefit of the Holders holders and shall not be subject to this Article Eight4. Nothing contained in this Article Eight 4 or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02this Article 4, from making payments of principal of of, premium, if any, and interest on the Securities Notes or from depositing with the Trustee Paying Agent any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities Notes and this Indenture as provided in Article Nine13, or (ii) the application by the Trustee of any moneys deposited with it or any Paying Agent for the purpose of making such payments of principal of of, premium, if any, and interest on the SecuritiesNotes, to the holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b4.02(b) or in Section 8.064.06. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Indenture (Advanced Medical Optics Inc)

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Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money cash in U.S. legal tender and United States U.S. Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine IX shall be for the sole benefit of the Holders and shall not be subject to this Article EightVIII. Nothing contained in this Article Eight VIII or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02, from making payments of principal any Obligation due in respect of and interest on the Securities Notes or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities Notes and this Indenture as provided in Article NineIX, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal any Obligations due in respect of and interest on the SecuritiesNotes, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b) or in Section 8.06. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: Indenture (Qwest Communications International Inc)

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money and United States Government Obligations deposited in trust with the Trustee pursuant to and in accordance with Article Nine shall be for the sole benefit of the Holders and shall not be subject to this Article Eight. Nothing contained in this Article Eight or elsewhere in this Indenture shall prevent (i) the Company, except under the conditions described in Section 8.02Sections 8.02 and 8.03, from making payments of principal princi- pal of and interest on the Securities or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities and this Indenture as provided in Article Nine, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b) or in Section 8.06. The Company shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Company.

Appears in 1 contract

Samples: St John Knits Inc

Subordination Provisions Not Applicable to Money Held in Trust for Holders. Payments May Be Paid Prior to Dissolution. All money cash and United States Government Obligations Cash Equivalents deposited in trust with the Trustee pursuant to and in accordance with Article Nine shall be for the sole benefit of the Holders and shall not be subject to this Article EightTwelve. Nothing contained in this Article Eight Twelve or elsewhere in this Indenture shall prevent (i) the Companya Subsidiary Guarantor, except under the conditions described in Section 8.0212.03, from making payments of principal of and interest on the Securities pursuant to the Subsidiary Guarantees, or from depositing with the Trustee any moneys for such payments or from effecting a termination of the Company's and the Guarantors' obligations under the Securities and this Indenture as provided in Article Ninepayments, or (ii) the application by the Trustee of any moneys deposited with it for the purpose of making such payments of principal of and interest on the Securities, to the holders entitled thereto unless at least two Business Days prior to the date upon which such payment becomes due and payable, the Trustee shall have received the written notice provided for in Section 8.02(b) or in Section 8.0612.07. The Company Subsidiary Guarantors shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of the Companysuch Subsidiary Guarantor.

Appears in 1 contract

Samples: Indenture (Carrols Corp)

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