Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 2 contracts
Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 2 contracts
Samples: Indenture (Extendicare Health Services Inc), Indenture (Insight Health Services Corp)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve Fourteen hereof and not in violation of Section 1403 1203 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article FourteenTwelve, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 2 contracts
Samples: Registration Rights Agreement (Supreme International Corp), Tmil Corp
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve 14 hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article Twelve hereof 15 and not in violation of Section 1403 15.03 hereof for the payment of principal of (and premium, if any, on) and interest interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article Fourteen15, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 2 contracts
Samples: Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve Fourteen hereof and not in violation of Section 1403 1503 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article FourteenFifteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company; provided, however, the Company will not exercise and the Trustee will not take the benefit of any defeasance under Article Fourteen without the prior written consent of the Banks.
Appears in 1 contract
Samples: Nine West Group Inc /De
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof by the Trustee (or 105 other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 1303 hereof for the payment of principal of (of, and premiumpremium and Liquidated Damages, if any, on) and interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article FourteenThirteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: Indenture (Rent a Center Inc De)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash money or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof by the Trustee (under Article VIII or other qualifying trustee) XI by the Trustee and which were deposited in accordance with the terms of Article Twelve hereof VIII or XI, as applicable, and not in violation of Section 1403 hereof 13.01(b) or (c) for the payment of principal of (and of, premium, if any, on) on and interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness Obligations or subject to the restrictions set forth in this Article FourteenXIII, and none of the Trustee, the Holders or any other Person shall be obligated to pay over or turn over any such amount to the Company Issuer, any Senior Agent or any holder of Senior Indebtedness Creditor or any other creditor of the Company.
Appears in 1 contract
Samples: Indenture (Hersha Hospitality Trust)
Trust Moneys Not Subordinated. Notwithstanding anything ----------------------------- contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve 8 hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve 8 hereof and not in violation of Section 1403 10.03 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article FourteenArticle, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: Tritel Finance Inc
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article Twelve hereof 16 and not in violation of Section 1403 16.3 hereof for the payment of principal of (and premium, if any, on) and interest interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article Fourteen13, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash money or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof Section 402 or 1008 or under a supplemental indenture containing the provisions described in Section 901(i) by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 hereof for the payment of principal of (of, and premium, if any, on) and interest on on, the Securities and any amounts due the Trustee pursuant to Section 607 hereof shall not be subordinated to the prior payment of any Senior Superior Indebtedness or subject to the restrictions set forth in this Article FourteenArticle, and none of the Holders thereof shall be obligated to pay over any such amount to the Company or any holder of Senior Superior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: American General Capital Iv
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities Notes shall not be subordinated to the 118 106 prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: Satisfaction And (Afa Products Inc)
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article Twelve hereof and not in violation of Section 1403 1603 hereof for the payment of principal of (and premium, if any, on) and interest interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article FourteenThirteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: Cendant Corp
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash moneys or the proceeds of U.S. Government Obligations held in trust under Article Twelve hereof Fifteen by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve hereof and not in violation of Section 1403 hereof for the payment of principal of (and of, premium, if any, on) and interest on the Securities or any coupon appertaining thereto from the date of deposit (if made in compliance with this Indenture) shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions restraints set forth in this Article FourteenArticle, and none one of the Holders of Securities or any coupons appertaining thereto shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness of the Company or any other creditor of the Company.. ARTICLE FIFTEEN
Appears in 1 contract
Samples: Noble Affiliates Inc
Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article Twelve Fourteen hereof by the Debenture Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of Article Twelve Fourteen hereof and not in violation of Section 1403 1203 hereof for the payment of principal of (and premium, if any, on) and interest on the Securities Exchange Debentures shall not be subordinated to the prior payment of any Senior Indebtedness or Senior Subordinated Indebtedness or subject to the restrictions set forth in this Article FourteenTwelve, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or Senior Subordinated Indebtedness or any other creditor of the Company.
Appears in 1 contract
Samples: Tmil Corp