Common use of Transfers and Distribution at Company Request Clause in Contracts

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a), provided that the Company shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a) exceeding those necessary for the purposes of Section 4.5(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co., or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a) will be sufficient for purposes of Section 4.5(a).

Transfers and Distribution at Company Request. To the extent --------------------------------------------- permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) RetransferThe Trustee shall retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and. (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon a Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx Ernst & Co.Young, or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the any Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be be, when taken together with any money deposited with the Trustee pursuant to Section 4.6(a), sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received , at the Company's expense, a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firmfirm selected by the Company, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company or the Guarantor any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company or the Guarantor, as the case may be, shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations or the Guarantor's obligations, as the case may be, in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company or the Guarantor, as the case may be, upon Company Request or Guarantor Request, as applicable, any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx Ernst & Co.Young, or another nationally recognized independent public accounting firm, firm (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them it at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firm, (i) expressing their its opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which that demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a), provided that the Company shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a) exceeding those necessary for the purposes of Section 4.5(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firmfirm selected by the Company, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a) will be sufficient for purposes of Section 4.5(a).

Transfers and Distribution at Company Request. To the extent --------------------------------------------- permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) RetransferThe Trustee shall retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and. (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon a Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co.KPMG Peat Marwick LLP, or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the any Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be be, when taken together with any money deposited with the Trustee pursuant to Section 4.6(a), sufficient for purposes of Section 4.5(a4.6(a).. -36-

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company Company, upon Company Request Request, any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co.Arthxx Xxxexxxx XXX, or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company Company, upon Company Request Request, any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co.Arthur Andersen LLP, or another nationally recognized independent public ixxxxxxdxxx xxxxic accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) RetransferThe Trustee shall retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and. (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon a Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co.KPMG Peat Marwick LLP, or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the any Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be be, when taken together with any money deposited with the Trustee pursuant to Section 4.6(a), sufficient for purposes of Section 4.5(a4.6(a).. -36-

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received first, at the Company's expense, a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firmfirm selected by the Company, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) RetransferThe Trustee shall retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a4.6(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and. (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon a Company Request any excess money or securities held by them at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a4.6(a) exceeding those necessary for the purposes of Section 4.5(a4.6(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 4.8 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co.KPMG Peat Marwick LLP, or another nationally recognized independent public accounting firm, (i) expressing their opinion that the contemplated action is permitted by Standard No. 76 or the Commission, for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision provision, and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which demonstrate that the amounts remaining to be earned on the any Government Obligations deposited with the Trustee pursuant to Section 4.5(a4.6(a) will be be, when taken together with any money deposited with the Trustee pursuant to Section 4.6(a), sufficient for purposes of Section 4.5(a4.6(a).

Transfers and Distribution at Company Request. To the extent permitted by the Financial Accounting Standards Board Statement of Financial Accounting Standards No. 76, as amended or interpreted by the Financial Accounting Standards Board from time to time, or any successor thereto ("Standard No. 76"), or to the extent permitted by the Commission, the Trustee shall, from time to time, take one or more of the following actions as specified in a Company Request: (a) Retransfer, reassign and deliver to the Company any securities deposited with the Trustee pursuant to Section 4.5(a), provided that the Company shall shall, in substitution therefor, simultaneously transfer, assign and deliver to the Trustee other Government Obligations appropriate to satisfy the Company's obligations in respect of the relevant Securities; and (b) The Trustee (and any Paying Agent) shall promptly pay to the Company upon Company Request any excess money or securities held by them it at any time, including, without limitation, any assets deposited with the Trustee pursuant to Section 4.5(a) exceeding those necessary for the purposes of Section 4.5(a). The Trustee shall not take the actions described in subsections (a) and (b) of this Section 4.7 unless it shall have first received a written report of Xxxxxx Xxxxxxxx & Co., or another a nationally recognized independent public accounting firm, (i) expressing their its opinion that the contemplated action is permitted by Standard No. 76 or the Commission, Commission for transactions accounted for as extinguishment of debt under the circumstances described in paragraph 3.c of Standard No. 76 or any successor provision and (ii) verifying the accuracy, after giving effect to such action or actions, of the computations which that demonstrate that the amounts remaining to be earned on the Government Obligations deposited with the Trustee pursuant to Section 4.5(a) will be sufficient for purposes of Section 4.5(a).