To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notes, then, on or before the date on which the principal of and premium, if any, or interest on the Notes by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent. (b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on the Notes shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee of such action or any failure to so act. (c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall: (i) hold all sums held by it for the payment of the principal of and premium, if any, or interest on the Notes in trust for the benefit of the Holders entitled thereto until such sums shall be paid to such Holders or otherwise disposed of as herein provided; (ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes in the making of any payment of the principal of and premium, if any, or interest on the Notes; (iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and (iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent. (d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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. (e) Subject to 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 and premium, if any, or interest on any Notes and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 20 contracts
Samples: Twelfth Supplemental Indenture (Onemain Finance Corp), Eleventh Supplemental Indenture (OneMain Holdings, Inc.), Fifth Supplemental Indenture
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 14 contracts
Samples: Indenture (Shake Shack Inc.), Indenture (Healthpeak OP, LLC), Indenture (FREYR Battery, Inc. /DE/)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notes, then, on or before the date on which the principal of and premium, if any, or interest on the Notes by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on the Notes shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee of such action or any failure to so act.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums held by it for the payment of the principal of and premium, if any, or interest on the Notes in trust for the benefit of the Holders entitled thereto until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes in the making of any payment of the principal of and premium, if any, or interest on the Notes;
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this the Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this the Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 8 contracts
Samples: Nineteenth Supplemental Indenture (Onemain Finance Corp), Eighteenth Supplemental Indenture (Onemain Finance Corp), Eighteenth Supplemental Indenture (OneMain Holdings, Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompany (or, or (if then held by the Company) , shall be discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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 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 calendar days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Alphabet Inc.), Indenture (Alphabet Inc.), Indenture (Higher One Holdings, Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.036.3, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.3 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.036.3, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, may may, but shall have no obligation to, 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, 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 6 contracts
Samples: Indenture (Coors Brewing Co), Indenture (Coors International Holdco 2, ULC), Indenture (Molson Coors International LP)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and of, premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and principal, premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premiumof, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any series of Securities, then prior to 11:00 a.m., New York City time, one Business Day prior to the Notes date on which the principal of, premium, if any, or interest on any of the Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and principal, premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and of, premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and of, premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and of, premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and principal, premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompany (or, or (if then held by the Company) , shall be discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 6 contracts
Samples: Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram Inc.), Indenture (Fanhua Inc.)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and of, premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and principal, premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent (including the Trustee) for the payment of the principal of and premiumof, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any series of Securities, then prior to 11:00 a.m., New York City time, one Business Day prior to the Notes date on which the principal of, premium, if any, or interest on any of the Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will Issuer shall deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, such sum to be held for the benefit of the Holders of such Securities or the Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment. The obligation of any Paying Agent to make payments on any Securities is subject to the Issuer’s compliance with this Section 6.03(b).
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will Issuer shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and of, premium, if any, or interest on the Notes in trust Securities of that series for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and of, premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to applicable abandoned property law, The Trustee or any money Paying Agent shall promptly notify the Issuer and the Guarantor whenever any moneys deposited with or paid to the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and of, premium, if any, or interest on (or any Notes Additional Amount payable in respect of) any Security of any series are not applied and remaining remain unclaimed for two years after such principal and principal, premium, if any, or interest has become due and payable payable. The Trustee or such Paying Agent shall be paid then promptly repay such moneys to the Company upon Company Order Issuer or the Guarantor, as the case may be, along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer (or, or (if then held by the Company) Issuer, shall be discharged from such trust) unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, and the Holder of such Note shall thereafterSecurity shall, as an unsecured general creditorunless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Company Issuer or the Guarantor for any payment of which such amounts without interest thereonHolder may be entitled to collect, and all liability of the Trustee or such any Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, moneys 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, 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 (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 3 contracts
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof (including the Parent Guarantor) shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuer will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuer will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuer or an Affiliate, in trust for the payment of the principal of and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuer upon Company Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer, or (if then held by the CompanyIssuer or an Affiliate) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment of such amounts 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 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 Company 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 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 CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (Pfizer Inc), Indenture (Pfizer Investment Enterprises PTE LTD)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City __________ time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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____________, 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 (Pdi Inc), Indenture (Kenexa Corp)
To Hold Payment in Trust. (a) If the Company Companies or an Affiliate thereof any of their respective Affiliates shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Companies or such Affiliate Affiliates will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Companies or any Affiliate thereofof their respective Affiliates, if the Company Companies or such Affiliate is Affiliates are then acting as Paying Agent, the Trustee shall replace the Company Companies or such Affiliate Affiliates as Paying Agent.
(b) If the Company Companies shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Companies will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Companies or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Companies will cause such Paying Agent 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 6.036.04, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Companies or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.04 to the contrary notwithstanding, the Company Companies may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Companies or by any Paying Agent other than the Trustee as required by this Section 6.036.04, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Companies or such Paying Agent.
(e) Subject to applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompanies, in trust for the payment of the principal of and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Companies upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompanies, or (if then held by the CompanyCompanies) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Companies for payment of such amounts 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 Companies as trustee thereof, shall thereupon cease; provided, however, that the Trustee Companies may publish 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, 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 CompanyCompanies.
Appears in 2 contracts
Samples: Indenture (NXP Semiconductors N.V.), Indenture (NXP Funding LLC)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuer will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuer will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuer upon Company Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer, or (if then held by the CompanyIssuer) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment of such amounts 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 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 Company 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 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 CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (SL Green Operating Partnership, L.P.), Indenture (SL Green Operating Partnership, L.P.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and of, premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and principal, premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premiumof, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any series of Securities, then prior to 11:00 a.m., New York City time, one Business Day prior to the Notes date on which the principal of, premium, if any, or interest on any of the Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and principal, premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and of, premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and of, premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and of, premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and principal, premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompany (or, or (if then held by the Company) , shall be discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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 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 calendar days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid to the Company.
Appears in 2 contracts
To Hold Payment in Trust. (a) If the Company Companies or an Affiliate thereof any of their respective Affiliates shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Companies or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Companies or any Affiliate thereofof their respective Affiliates, if the Company Companies or such Affiliate is are then acting as Paying Agent, the Trustee shall replace the Company Companies or such Affiliate as Paying Agent.
(b) If the Company shall Companies appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then on or prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Companies will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Companies or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Companies will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Companies or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Companies may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Companies or by any Paying Agent other than the Trustee as required by this Section 6.03, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Companies or such Paying Agent.
(e) Subject to applicable abandoned property law, any Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyCompanies, in trust for the payment of the principal of and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Companies upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompanies, or (if then held by the CompanyCompanies) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Companies for payment of such amounts 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 Companies 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 Companies 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 CompanyCompanies.
Appears in 2 contracts
Samples: Indenture (Triton International LTD), Indenture (TAL INTERNATIONAL CONTAINER Corp)
To Hold Payment in Trust. (a) If either or both of the Company Issuers or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company such Issuer or Issuers or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to either or both of the Company Issuers or any Affiliate thereof, if either of both of the Company Issuers or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company such Issuer, Issuers or such Affiliate as Paying Agent.
(b) If the Company Issuers shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuers will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuers or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuers will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuers or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuers may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuers or by any Paying Agent other than the Trustee as required by this Section 6.03, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company Issuers or such Paying Agent.
(e) Subject to applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principal of and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuers upon Company receipt by the Trustee of an Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuers, or (if then held by the CompanyIssuers) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuers for payment of such amounts 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 Issuers 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 Issuers 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 CompanyIssuers.
Appears in 2 contracts
Samples: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
To Hold Payment in Trust. (a) If the Company Company, the Guarantor or an Affiliate thereof of either the Company or the Guarantor shall at any time act as Paying Agent with respect to any Notesseries of Securities and Coupons, if any, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Company, the Guarantor or such Affiliate will set apart and segregate and hold in trust for the benefit of the Holders holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regardregard and of any action or failure by the Company, the Guarantor or any other obligor upon the Securities of that series to make any such payment. Upon any proceeding under any federal bankruptcy laws with respect to the Company or the Guarantor or any Affiliate thereofof the Company or the Guarantor, if the Company Company, the Guarantor or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Company, the Guarantor or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities and Coupons, then prior to 10:00 10 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee holders of such action or any failure to so actSecurities.
(c) If the such Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series and any related Coupons in trust for the benefit of the Holders entitled thereto holders of such Securities until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Company, the Guarantor or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series or any payment on any related Coupons when the same shall have become due and payable; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.04 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.036.04, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series or the payment of any related Coupon and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyRequest, or (if then held by the Company) shall be discharged from such trust, and the Holder holder of such Note Security or Coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts without interest thereonthereof (except as with regards to the Guarantee), 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 transmitted in the English language, customarily published on each Business Day manner and of general circulation in The City of New Yorkto the extent provided by Section 16.08, 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 publicationnotification, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Citigroup Inc), Indenture (Citigroup Inc)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompany (or, or (if then held by the Company) , shall be discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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 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 calendar 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 (Alkermes Plc.), Indenture (Dollar Thrifty Automotive Group Inc)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notes, then, on On or before the date on which the principal of of, and premium, if any, or interest on on, any of the Notes Securities by their terms or as a result of the calling thereof for redemption shall become payable, the Company shall deposit with the Paying Agent (or, if the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any series of Securities, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee Trustee) a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable payable, such sum to be held in trust for the benefit of the Holders of such Securities or the Trustee until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will (unless such Paying Agent is the Trustee), the Company or any other obligor of such Securities shall promptly notify the Trustee of its action payment or failure to act in that regard. make such payment.
(b) Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on the Notes shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming due, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee of such action or any failure to so act.
(c) . If the Paying Agent shall be a Person other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of of, and premium, if any, or interest on on, the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of of, and premium, if any, or interest on on, the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(dc) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(ed) Subject to 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 of, and premium, if any, or interest on interest, if any, on, any Notes Security of any series and remaining unclaimed for two years after such principal and principal, premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Companyor, or (if then held by the Company) , shall be discharged Discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (Concentrix Corp), Indenture (Concentrix Corp)
To Hold Payment in Trust. (a) If the Company Company, the Guarantor or an Affiliate thereof of either the Company or the Guarantor shall at any time act as Paying Agent with respect to any Notesseries of Securities and Coupons, if any, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Company, the Guarantor or such Affiliate will segregate and hold in trust for the benefit of the Holders holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or the Guarantor or any Affiliate thereofof the Company or the Guarantor, if the Company Company, the Guarantor or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Company, the Guarantor or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities and Coupons, then prior to 10:00 10 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to holders of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Company, the Guarantor or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series and any related Coupons in trust for the benefit of the Holders entitled thereto holders of such Securities until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Company, the Guarantor or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series or any payment on any related Coupons when the same shall have become due and payable; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.04 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.036.04, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series or the payment of any related Coupon and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order Request along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder holder of such Note Security or Coupon shall thereafter, as an unsecured general creditor, look only to the Company (except as with regards to the Guarantee) for payment of such amounts 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, may at the expense of the Company cause to be published once, in a newspaper published transmitted in the English language, customarily published on each Business Day manner and of general circulation in The City of New Yorkto the extent provided by Section 16.06, 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 publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Citigroup Funding Inc.), Indenture (Citigroup Funding Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then on or prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (TAL INTERNATIONAL CONTAINER Corp), Indenture (TAL INTERNATIONAL CONTAINER Corp)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyCompany (or, or (if then held by the Company) , shall be discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (Tech Data Corp), Indenture (Tech Data Corp)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuer will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuer will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuer upon Company Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer, or (if then held by the CompanyIssuer) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer and the Guarantor for payment of such amounts 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 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 Company 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 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 CompanyIssuer.
Appears in 2 contracts
Samples: Indenture (Healthpeak OP, LLC), Supplemental Indenture (Healthpeak Properties, Inc.)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and of, premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and principal, premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent (including the Trustee) for the payment of the principal of and premiumof, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any series of Securities, then prior to 11:00 a.m., New York City time, one Business Day prior to the Notes date on which the principal of, premium, if any, or interest on any of the Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will Issuer shall deposit with such Paying Agent a sum sufficient to pay such principal and principal, premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment. The obligation of any Paying Agent to make payments on any Securities is subject to the Issuer’s compliance with this Section 6.03(b).
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will Issuer shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and of, premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and of, premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to applicable abandoned property law, The Trustee or any money Paying Agent shall promptly notify the Issuer and the Guarantor whenever any moneys deposited with or paid to the Trustee or any Paying Agent, or then held by the CompanyIssuer, in trust for the payment of the principal of and of, premium, if any, or interest on (or any Notes Additional Amount payable in respect of) any Security of any series are not applied and remaining remain unclaimed for two years after such principal and principal, premium, if any, or interest has become due and payable payable. The Trustee or such Paying Agent shall be paid then promptly repay such moneys to the Company upon Company Order Issuer or the Guarantor, as the case may be, along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer (or, or (if then held by the Company) Issuer, shall be discharged from such trust) unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, and the Holder of such Note shall thereafterSecurity shall, as an unsecured general creditorunless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property laws, thereafter look only to the Company Issuer or the Guarantor for any payment of which such amounts without interest thereonHolder may be entitled to collect, and all liability of the Trustee or such any Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, moneys 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, 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 (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2013) Ltd.)
To Hold Payment in Trust. (a) If the Company Company, the Guarantor or an Affiliate thereof of either the Company or the Guarantor shall at any time act as Paying Agent with respect to any Notesseries of Securities and Coupons, if any, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Company, the Guarantor or such Affiliate will set apart and segregate and hold in trust for the benefit of the Holders holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regardregard and of any action or failure by the Company, the Guarantor or any other obligor upon the Securities of that series to make any such payment. Upon any proceeding under any federal bankruptcy laws with respect to the Company or the Guarantor or any Affiliate thereofof the Company or the Guarantor, if the Company Company, the Guarantor or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Company, the Guarantor or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities and Coupons, then prior to 10:00 10 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to such principal, premium, if any, or interest, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee holders of such action or any failure to so actSecurities.
(c) If the such Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03603, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series and any related Coupons in trust for the benefit of the Holders entitled thereto holders of such Securities until such sums shall be paid to such Holders holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Company, the Guarantor or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series or any payment on any related Coupons when the same shall have become due and payable; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 604 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03604, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series or the payment of any related Coupon and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyRequest, or (if then held by the Company) shall be discharged from such trust, and the Holder holder of such Note Security or Coupon shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts without interest thereonthereof (except as with regards to the Guarantee), 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 transmitted in the English language, customarily published on each Business Day manner and of general circulation in The City of New Yorkto the extent provided by Section 1708, 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 publicationnotification, any unclaimed balance of such money then remaining will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Citigroup Inc)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, or at or prior to 10:00 a.m., London time, on the day immediately preceding such date for any Securities issued through Euroclear Bank S.A./N.V. and Clearstream Banking, société anonyme, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.036.3, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.3 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.036.3, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, may may, but shall have no obligation to, 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, 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 (Molson Coors Beverage Co)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will promptly notify the Trustee of such action or any failure to so act.33
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
: (i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
; (ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;
Securities of that series; and (iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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.. 34
Appears in 1 contract
Samples: Indenture (KEMPER Corp)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City Eastern time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (DowDuPont Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.32
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
: (i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
; (ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;
Securities of that series; and (iii) at iii)at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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.33
Appears in 1 contract
Samples: Indenture (Vectrus, Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee written notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to applicable abandoned property lawescheatment 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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
To Hold Payment in Trust. Table of Contents
(a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
. Table of Contents (e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (Healthsouth Corp)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City __________ time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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_________, 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 (LHC Group, Inc)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and of, premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and principal, premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premiumof, if any, or interest any the Notes, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any series of Securities, then prior to 11:00 a.m., New York City time, one Business Day prior to the Notes date on which the principal of, premium, if any, or interest on any of the Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and principal, premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and of, premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and of, premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (JD.com, Inc.)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuer will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuer will cause such Paying Agent 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 6.036.3, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.3 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.036.3, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuer upon Company Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer, or (if then held by the CompanyIssuer) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment of such amounts 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 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 may, but shall have no obligation to, at the expense of the Company 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 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 CompanyIssuer.
Appears in 1 contract
Samples: Indenture (Molson Coors Brewing Co)
To Hold Payment in Trust. (a) If the Company Issuer or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company Issuer or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company Issuer or any Affiliate thereof, if the Company Issuer or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company Issuer or such Affiliate as Paying Agent.
(b) If the Company Issuer shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company Issuer will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company Issuer or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company Issuer will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company Issuer or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company Issuer may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company Issuer or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to applicable abandoned property law, 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company Issuer upon Company receipt by the Trustee of an Issuer Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the CompanyIssuer, or (if then held by the CompanyIssuer) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment of such amounts 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 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 Company 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 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 CompanyIssuer.
Appears in 1 contract
Samples: Indenture (J C Penney Co Inc)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 11:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) hold all sums held by it for the payment of the principal of and premium, if any, or interest on the Notes in trust for the benefit of the Holders entitled thereto until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes in the making of any payment of the principal of and premium, if any, or interest on the Notes;
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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.such
Appears in 1 contract
Samples: Indenture (SmileDirectClub, Inc.)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will notify the Trustee of its action or failure to act in that regard. Upon any proceeding under any federal bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m., New York City time, on the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaid, whether by their terms or as a result of the calling thereof for redemption, or at or prior to 5:00 p.m., New York City time, on the day immediately preceding such date for any Securities issued through Euroclear Bank S.A./N.V. and Clearstream Banking, société anonyme, the Company will deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes such Securities will promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be other than the Trustee, the Company will cause such Paying Agent 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 6.036.3, that such Paying Agent shall:
(i) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(ii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iii) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 6.3 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.036.3, 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.
(e) Subject to 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 and premium, if any, or interest on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with any interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Company, or (if then held by the Company) shall be discharged from such trust, and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, may may, but shall have no obligation to, 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, 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 (Molson Coors Brewing Co)
To Hold Payment in Trust. (a) If the Company or an Affiliate thereof shall at any time act as Paying Agent with respect to any Notesseries of Securities, then, on or before the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series by their terms or as a result of the calling thereof for redemption shall become payable, the Company or such Affiliate will shall segregate and hold in trust for the benefit of the Holders of the Notes such Securities or the Trustee a sum sufficient to pay such principal and premium, if any, or interest which shall have so become payable until such sums shall be paid to such Holders or otherwise disposed of as herein provided, and will shall notify the Trustee of its action or failure to act in that regard. Upon any proceeding under the Bankruptcy Code or any federal applicable state bankruptcy laws with respect to the Company or any Affiliate thereof, if the Company or such Affiliate is then acting as Paying Agent, the Trustee shall promptly replace the Company or such Affiliate as Paying Agent.
(b) If the Company shall appoint, and at the time have, a Paying Agent for the payment of the principal of and premium, if any, or interest on any the Notesseries of Securities, then prior to 10:00 a.m.1:00 p.m., New York City time, on one (1) Business Day prior to the date on which the principal of and premium, if any, or interest on any of the Notes Securities of that series shall become payable as aforesaidabove provided, whether by their terms or as a result of the calling thereof for redemption, the Company will shall deposit with such Paying Agent a sum sufficient to pay such principal and premium, if any, or interest so becoming dueinterest, such sum to be held in trust for the benefit of the Holders entitled to of such principal, premium, if any, Securities or interestthe Trustee, and (unless such Paying Agent is the Trustee), the Company or any other obligor of the Notes will such Securities shall promptly notify the Trustee of such action its payment or any failure to so actmake such payment.
(c) If the Paying Agent shall be a Person other than the Trustee, the Company will shall cause such Paying Agent 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 6.03, that such Paying Agent shall:
(i) comply with the provisions of the Trust Indenture Act applicable to it as Paying Agent;
(ii) hold all sums moneys held by it for the payment of the principal of and premium, if any, or interest on the Notes Securities of that series in trust for the benefit of the Holders entitled thereto of such Securities until such sums shall be paid to such Holders or otherwise disposed of as herein provided;
(iiiii) give to the Trustee notice of any Default by the Company or any other obligor upon the Notes Securities of that series in the making of any payment of the principal of and premium, if any, or interest on the Notes;Securities of that series; and
(iiiiv) at any time during the continuance of any such Default, upon the written request of the Trustee, pay to the Trustee all sums so held in trust by such Paying Agent; and
(iv) acknowledge, accept and agree to comply in all aspects with the provisions of this Indenture relating to the duties, rights and liabilities of such Paying Agent.
(d) Anything in this Section 6.03 to the contrary notwithstanding, the Company may at any time, for the purpose of obtaining a release, satisfaction or discharge of this Indenture or for any other reason, pay or cause to be paid to the Trustee all sums held in trust by the Company or by any Paying Agent other than the Trustee as required by this Section 6.03, 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 AgentAgent and, upon such payment by a Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such moneys.
(e) Subject to 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 and premium, if any, or interest interest, if any, on any Notes Security of any series and remaining unclaimed for two years after such principal and premium, if any, or interest has become due and payable shall be paid to the Company upon Company Order along with interest (if any) that has accumulated thereon as a result of such money being invested at the direction of the Companyor, or (if then held by the Company) , shall be discharged Discharged from such trust), and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment of such amounts 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, 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, 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 (Synnex Corp)