Common use of "TRUST MONEYS" DEFINED Clause in Contracts

"TRUST MONEYS" DEFINED. All cash or cash equivalents received by the Trustee or the Collateral Agent on behalf of the Trustee, in each case, consistent with and not in contravention of the Intercreditor Agreement: (1) upon the release of Collateral from the Lien of this Indenture and the Security Documents, including all moneys received in respect of the principal of all purchase money, governmental and other obligations; (2) as compensation for, or proceeds of sale of, any part of the Collateral taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3) as proceeds of insurance upon any part of the Collateral (other than any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by it); (all such moneys being herein sometimes called "Trust Moneys"), shall be held by the Trustee (or the Collateral Agent as the agent of the Trustee) for the benefit of the Holders of Securities as a part of the Collateral, shall be held in United States dollars or U.S. dollar denominated obligations, and, upon any entry upon or sale of the Collateral or any part thereof pursuant to Article 6 hereof or the Security Documents, in each case, subject to the Intercreditor Agreement, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, in accordance with Section 4.02 of the Collateral Agreement; but, prior to any such entry or sale, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriate, from time to time as provided in Sections 12.02 to 12.05, inclusive, and may be applied by the Trustee as provided in Section 12.07(b).

"TRUST MONEYS" DEFINED. All cash or cash equivalents Cash Collateral received by the Trustee at any time (including Qualified Cash Equivalents deposited in the Asset Sale Proceeds Account, the Specified Subsidiary Asset Sale Proceeds Account or the Collateral Agent on behalf Specified Subsidiary Casualty Event Proceeds Account pursuant to the terms of the Trustee, in each case, consistent with and not in contravention of the Intercreditor Agreement:this Indenture or any Security Document): (1a) upon the release of Collateral Property from the Lien of this Indenture and the Security Documents, including all moneys received in respect of the principal of all purchase money, governmental and other obligations; (2b) as compensation forNet Cash Proceeds deposited in the Asset Sale Proceeds Account, Specified Subsidiary Asset Sale Proceeds Account or proceeds of sale of, any part of the Collateral taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; orSpecified Subsidiary Casualty Event Proceeds Account (including investment income thereon); (3c) as other proceeds of insurance upon any part of the Collateral (other than insurance proceeds on Motor Vehicles and any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by it); or (d) for application under this Article IX as elsewhere provided in this Indenture or any Security Document, or whose disposition is not elsewhere otherwise specifically provided for herein or in any Security Document; (all such moneys being herein sometimes called "Trust Moneys"), shall be held by the Trustee (or the Collateral Agent as the agent of the Trustee) in its name for the benefit of the Holders of Securities as a part of the CollateralCollateral as provided in the Security Documents, shall be held in United States dollars or U.S. dollar Dollar denominated obligations, and, upon any entry upon or sale of the Collateral or any part thereof pursuant to Article 6 hereof or the Security Documents, in each case, subject to the Intercreditor AgreementVII hereof, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance with Section 4.02 of the Collateral Agreement7.10 hereof; but, prior to any such entry or sale, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in any Intercreditor Agreement, if applicable, and Sections 12.02 9.02 to 12.059.04 hereof, inclusive, and may be applied by the Trustee as provided in Section 12.07(b)9.08(b) hereof.

"TRUST MONEYS" DEFINED. All Subject to the provisions of the Intercreditor Agreement, all cash or cash equivalents Cash Equivalents received by the Trustee or in accordance with the terms of this Indenture and the Collateral Agent on behalf of the Trustee, in each case, consistent with and not in contravention of the Intercreditor AgreementDocuments: (1a) upon the release of Collateral property from the Lien of this Indenture and the Security Collateral Documents, including including, without limitation, all moneys received in respect of the principal of all purchase money, governmental and or other obligations; (2) as compensation for, or proceeds of sale of, any part of the Collateral taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3b) as proceeds Net Proceeds upon the Destruction of insurance upon all or any part of the Collateral (other than any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by it); or (c) as a Net Award or Net Awards upon the Taking of all or any part of the Collateral; or (d) as proceeds of any other sale or other disposition of all or any part of the Collateral by or on behalf of the Trustee or any collection, recovery, receipt, appropriation or other realization of or from all or any part of the Collateral pursuant to the Collateral Documents or otherwise; or (e) pursuant to the Mortgage; or (f) for application under this Article Eleven as elsewhere provided in this Indenture or the Collateral Documents, or whose disposition is not elsewhere otherwise specifically provided for herein or in the Collateral Documents; (all such moneys being herein sometimes called "Trust Moneys"); provided, however, that Trust Moneys shall not include any property deposited with the Trustee pursuant to Section 3.06 or Article Eight or delivered to or received by the Trustee for application in accordance with Section 6.10) shall be held by the Trustee (or the Collateral Agent as the agent of the Trustee) for the benefit of the Holders of Securities as a part of the Collateral, shall be held in United States dollars or U.S. dollar denominated obligations, Collateral and, upon any entry upon or sale or other disposition of the Collateral or any part thereof pursuant to Article 6 hereof or the Security Collateral Documents, in each case, subject to the Intercreditor Agreement, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance with Section 4.02 of the Collateral Agreement6.10; but, prior to any such entry entry, sale or saleother disposition, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in Sections 12.02 to 12.05this Article Eleven. On the Issue Date there shall be established and, inclusiveat all times hereafter until this Indenture shall have terminated, there shall be maintained with the Trustee an account which shall be entitled the "Collateral Account" (the "Collateral Account"). The Collateral Account shall be established and may be applied maintained by the Trustee as provided at its corporate trust offices. All Trust Moneys which are received by the Trustee shall be deposited in Section 12.07(b)the Collateral Account and thereafter shall be held, applied and/or disbursed by the Trustee in accordance with the terms of this Article Eleven.

"TRUST MONEYS" DEFINED. The provisions of this Article 12 shall apply only during the continuance of an Event of Default when the Senior Credit Facility is repaid in full and the Senior Credit Facility ceases to be in effect and the Trustee (for the benefit of itself and the Holders) maintains a Lien on any of the Collateral pursuant to Section 11.04(b) hereof. All cash or cash equivalents Cash Equivalents received by the Trustee or the Collateral Agent on behalf of the Trustee, as the case may be, in each case, consistent accordance with and not in contravention of the Intercreditor Agreement: (1) upon the release of Collateral from the Lien terms of this Indenture and the Security Documents: (a) upon the release of property from the Lien of any of the Security Documents, including including, without limitation, all moneys received in respect of the principal of all purchase money, governmental and other obligations;; or (2b) as compensation for, or proceeds of the sale of, all or any part of the Collateral taken Taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3c) as proceeds of insurance upon any any, all or part of the Collateral (other than any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by itthem); or (d) pursuant to certain provisions of the Mortgages; or (e) as proceeds of any other sale or other disposition of all or any part of the Collateral by or on behalf of the Trustee or any collection, recovery, receipt, appropriation or other realization of or from all or any part of the Collateral pursuant to the Security Documents or otherwise; or (f) for application under this Article 12 as elsewhere provided in this Indenture or any Security Document, or whose disposition is not elsewhere otherwise specifically provided for herein or in any Security Document; (all such moneys being herein sometimes called "Trust Moneys"); provided, however, that Trust Moneys shall not include any property deposited with the Trustee pursuant to Article 3 or 8 or delivered to or received by the Trustee pursuant to Section 6.10 hereof) shall be held by the Trustee (or the Collateral Agent as the agent of delivered to the Trustee) , for its benefit and the benefit of the Holders of Securities Notes as a part of the Collateral, shall be held Collateral in United States dollars or U.S. dollar denominated obligations, accordance with the provisions of this Indenture and the applicable Security Documents and, upon any entry upon or sale or other disposition of the Collateral or any part thereof pursuant to Article 6 hereof or any of the Security Documents, in each case, subject to the Intercreditor Agreement, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance with Section 4.02 of the Collateral Agreement6.10; but, prior to any such entry entry, sale or saleother disposition, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in Sections 12.02 to 12.05through 12.06, inclusive, and may the Intercreditor Agreement. On the date the Senior Credit Facility is terminated there shall be applied established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Trustee an account which shall be entitled the "Collateral Account" (the "Collateral Account"). The Collateral Account shall be established and maintained by the Trustee as provided at its corporate trust offices located in Section 12.07(b)New York or Illinois. All Trust Moneys that are received by the Trustee shall be held, applied and/or disbursed by the Trustee in accordance with the provisions of this Article 12.

"TRUST MONEYS" DEFINED. All cash or cash equivalents Temporary Cash Investments received by the Trustee as or the Collateral Agent on behalf in respect of the Trustee, in each case, consistent with and not in contravention of the Intercreditor AgreementCollateral: (1a) upon the release of Collateral property from the Lien of this Indenture and the Security DocumentsAgreements, including all moneys received in respect of the principal of all purchase money, governmental and other obligations;; or (2b) as compensation for, or proceeds of sale of, any part of the Collateral taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3c) in connection with an Event of Loss or Asset Sale with respect to Collateral; (d) pursuant to certain provisions of the Mortgages; (e) as proceeds of insurance upon any other sale or other disposition of all or any part of the Collateral (other than any liability insurance proceeds payable to by or on behalf of the Trustee or any collection, recovery, receipt, appropriation or other realization of or from all or any part of the Collateral Agent pursuant to the Security Agreements or otherwise; (f) for application under this Article as elsewhere provided in this Indenture or any lossSecurity Agreement, liability or expense incurred by it); whose disposition is not elsewhere otherwise specifically provided for herein or in any Security Agreement; (g) which represent net proceeds from the issuance of Additional Notes required to be deposited with the Trustee pending the acquisition of one or more Mortgaged Vessels (and to make Permitted Repairs, as applicable) provided, however, that Trust Monies shall in no event include any property deposited with the Trustee in connection with the repurchase requirements of Section 4.11 or in connection with any Asset Sale Offer or optional redemption or defeasance of any Securities. (all such moneys being herein sometimes called "Trust Moneys"), shall be held by the Trustee (or the Collateral Agent as the agent of the Trustee) for the benefit of the Holders of Securities as a part of the Collateral, shall be held in United States dollars or U.S. dollar denominated obligations, and, upon any entry upon or sale of the Collateral or any part thereof pursuant to Article 6 hereof or the Security Documents, in each case, subject to the Intercreditor Agreement6, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance with Section 4.02 6.10 or to pay any amounts due to the Trustee in respect of this Indenture or any Security Agreement; provided that any such amounts paid to the Collateral AgreementTrustee in respect of this Indenture or any Security Agreement shall not exceed $250,000 per calendar year; but, prior to any such entry entry, sale or salepayment, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in Sections 12.02 13.02 to 12.0513.05, inclusive, and may be applied by the Trustee as provided in Section 12.07(b)13.07(b) and, if applicable, shall be released pursuant to Section 4.17.

"TRUST MONEYS" DEFINED. All cash or cash equivalents Cash Collateral received by the Trustee at any time (including Qualified Cash Equivalents deposited in the Asset Sale Proceeds Account, the Specified Subsidiary Asset Sale Proceeds Account or the Collateral Agent on behalf Specified Subsidiary Casualty Event Proceeds Account pursuant to the terms of the Trustee, in each case, consistent with and not in contravention of the Intercreditor Agreement:this Indenture or any Security Document): (1a) upon the release of Collateral Property from the Lien of this Indenture and the Security Documents, including all moneys received in respect of the principal of all purchase money, governmental and other obligations; (2) as compensation for, or proceeds of sale of, any part of the Collateral taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3b) as Net Cash Proceeds deposited in the Asset Sale Proceeds Account, Specified Subsidiary Asset Sale Proceeds Account or the Specified Subsidiary Casualty Event Proceeds Account (including investment income thereon); or (c) as other proceeds of insurance upon any part of the Collateral (other than any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by it); or (d) for application under this Article IX as elsewhere provided in this Indenture or any Security Document, or whose disposition is not elsewhere otherwise specifically provided for herein or in any Security Document; (all such moneys being herein sometimes called "Trust Moneys"), shall be held by the Trustee (or the Collateral Agent as the agent of the Trustee) in its name for the benefit of the Holders of Securities as a part of the CollateralCollateral as provided in the Security Documents, shall be held in United States dollars or U.S. dollar Dollar denominated obligations, and, upon any entry upon or sale of the Collateral or any part thereof pursuant to Article 6 hereof or the Security Documents, in each case, subject to the Intercreditor AgreementVII hereof, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance Indenture with Section 4.02 of the Collateral Agreement7.10 hereof; but, prior to any such entry or sale, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in Sections 12.02 9.02 to 12.059.04 hereof, inclusive, and may be applied by the Trustee as provided in Section 12.07(b)9.08(b) hereof.

"TRUST MONEYS" DEFINED. The provisions of this Article 12 shall apply only during the continuance of an Event of Default when the Senior Credit Facility is repaid in full and the Senior Credit Facility ceases to be in effect and the Trustee (for the benefit of itself and the Holders) maintains a Lien on any of the Collateral pursuant to Section 11.04(b) hereof. All cash or cash equivalents Cash Equivalents received by the Trustee or the Collateral Agent on behalf of the Trustee, as the case may be, in each case, consistent accordance with and not in contravention of the Intercreditor Agreement: (1) upon the release of Collateral from the Lien terms of this Indenture and the Security Documents: (a) upon the release of property from the Lien of any of the Security Documents, including including, without limitation, all moneys received in respect of the principal of all purchase money, governmental and other obligations;; or (2b) as compensation for, or proceeds of the sale of, all or any part of the Collateral taken Taken by eminent domain or purchased by, or sold pursuant to an order of, a governmental authority or otherwise disposed of; or (3c) as proceeds of insurance upon any any, all or part of the Collateral (other than any liability insurance proceeds payable to the Trustee or the Collateral Agent for any loss, liability or expense incurred by itthem); or (d) pursuant to certain provisions of the Mortgages; or (e) as proceeds of any other sale or other disposition of all or any part of the Collateral by or on behalf of the Trustee or any collection, recovery, receipt, appropriation or other realization of or from all or any part of the Collateral pursuant to the Security Documents or otherwise; or (f) for application under this Article 12 as elsewhere provided in this Indenture or any Security Document, or whose disposition is not elsewhere otherwise specifically provided for herein or in any Security Document; (all such moneys being herein sometimes called "Trust Moneys"); provided, however, that Trust Moneys shall not include any property deposited with the Trustee pursuant to Article 3 or 8 or delivered to or received by the Trustee pursuant to Section 6.10 hereof) shall be held by the Trustee (or the Collateral Agent as the agent of delivered to the Trustee) , for its benefit and the benefit of the Holders of Securities Notes as a part of the Collateral, shall be held Collateral in United States dollars or U.S. dollar denominated obligations, accordance with the provisions of this Indenture and the applicable Security Documents and, upon any entry upon or sale or other disposition of the Collateral or any part thereof pursuant to Article 6 hereof or any of the Security Documents, in each case, subject to the Intercreditor Agreement, said Trust Moneys shall be applied, subject to the Intercreditor Agreement, applied in accordance with Section 4.02 of the Collateral Agreement6.10; but, prior to any such entry entry, sale or saleother disposition, all or any part of the Trust Moneys may be withdrawnwith- -76- 84 drawn, and shall be released, paid or applied by the Trustee or the Collateral Agent, as appropriateTrustee, from time to time as provided in Sections 12.02 to 12.05through 12.06, inclusive, and may the Intercreditor Agreement. On the date the Senior Credit Facility is terminated there shall be applied established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Trustee an account which shall be entitled the "Collateral Account" (the "Collateral Account"). The Collateral Account shall be established and maintained by the Trustee as provided at its corporate trust offices located in Section 12.07(b)New York or Illinois. All Trust Moneys that are received by the Trustee shall be held, applied and/or disbursed by the Trustee in accordance with the provisions of this Article 12.