Common use of Unclaimed Funds Clause in Contracts

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Bond and remaining unclaimed for three years after it has become due and payable shall be discharged from the trust and paid to the Issuer. The Holder of the Bond on which payment was due shall thereafter look only to the Issuer for payment as an unsecured general creditor. All liability of the Indenture Trustee or the Paying Agent regarding that trust money to the extent so paid to the Issuer shall thereupon cease. The Indenture Trustee or the Paying Agent, before being required to make any payment, may at the expense of the Issuer cause to be published once, in a newspaper of general circulation published in the English language and customarily published on each Business Day in The City of New York and in the city in which the principal corporate trust office of the Indenture Trustee is located, notice that such money remains unclaimed and that, after a date specified therein, which shall be not less than 30 days from the date of the publication, any unclaimed balance of that money then remaining will be repaid to the Issuer. The Indenture Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of a release of payment (including, mailing notice of the release to Bondholders whose Bonds have been called but have not been surrendered for redemption or whose right to monies payable but not claimed is determinable from the records of any Paying Agent, at the last address of record of the Holder).

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any money deposited with the The Indenture Trustee or is required to hold any Paying Agent, or then held payments received by it with respect to the Issuer, Notes that are not paid to the Noteholders in trust for the Noteholders. Notwithstanding the foregoing, at the expiration of two years following the Final Payment Date for the Notes, any monies set aside in accordance with Section 2.10(b) for payment of principal, interest and other amounts on such Notes remain unclaimed by any lawful owner thereof, such unclaimed funds and, to the principal of or extent required by applicable law, any accrued interest on any Bond and remaining unclaimed for three years after it has become due and payable thereon shall be discharged from the trust and paid to the Issuer. The Holder of the Bond on which payment was due shall thereafter look only remitted to the Issuer to be held in trust by the Issuer for payment as an unsecured general creditor. All the benefit of the applicable Noteholder until distributed in accordance with applicable law, and all liability of the Indenture Trustee or the Paying Agent regarding that trust with respect to such money to the extent so paid to the Issuer shall thereupon cease. The ; provided, that the Indenture Trustee or the Paying AgentTrustee, before being required to make any paymentsuch repayment, may may, at the expense of the Issuer applicable Noteholder, payable out of such unclaimed funds, to the extent permitted by applicable law, and otherwise at the expense of the Issuer, cause to be published once, at least once but not more than three times in a newspaper of general circulation published two newspapers in the English language and customarily published on each Business Day and of general circulation, in The City of New York and in York, New York, a notice to the city in which the principal corporate trust office of the Indenture Trustee is located, notice effect that such money remains monies remain unclaimed and thathave not been applied for the purpose for which they were deposited, and that after a date specified therein, which shall be not less than 30 days from after the date of the publicationfirst publication of said notice, any unclaimed balance of that money such monies then remaining in the hands of the Indenture Trustee will be repaid paid to the Issuer. The Indenture Trustee may also adopt and employ, at Issuer upon its written directions to be held in trust for the expense benefit of the Issuerapplicable Noteholder until distributed in accordance with applicable law. Any successor to the Issuer through merger, consolidation or otherwise or any other reasonable means recipient of notification of a release of payment (including, mailing notice substantially all the assets of the release to Bondholders whose Bonds have been called but have not been surrendered Issuer in a liquidation of the Issuer shall remain liable for redemption or whose right to monies payable but not claimed is determinable from the records amount of any Paying Agent, at unclaimed balance paid to the last address of record of the Holder)Issuer pursuant to this Section 5.10.

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any money deposited with the The Indenture Trustee or is required to hold any Paying Agent, or then held payments received by it with respect to the Issuer, Notes that are not paid to the Noteholders in trust for the Noteholders. Notwithstanding the foregoing, at the expiration of three years following the Final Payment Date for the Notes any moneys set aside in accordance with Section 2.15(b) for payment of the principal of or principal, interest and other amounts on any Bond and such Notes remaining unclaimed for three years after it has become due and payable by any lawful owner thereof, and, to the extent required by applicable law, any accrued interest thereon shall be discharged from the trust and paid remitted to the Issuer. The Holder of the Bond on which payment was due shall thereafter look only , as their interest may appear, to be held in trust by the Issuer for payment as an unsecured general creditor. All the benefit of the applicable Noteholder until distributed in accordance with applicable law, and all liability of the Indenture Trustee or the Paying Agent regarding that trust with respect to such money to the extent so paid to the Issuer shall thereupon cease. The ; provided, that the Indenture Trustee or the Paying AgentTrustee, before being required to make any paymentsuch remittance, may may, at the expense of the applicable Noteholder, payable out of such unclaimed funds, to the extent permitted by applicable law, and otherwise at the expense of the Issuer payable out of the Collateral Pool, cause to be published once, at least once but not more than three times in a newspaper of general circulation published two newspapers in the English language and customarily published on each Business Day and of general circulation in The City of New York and in York, New York, a notice to the city in which the principal corporate trust office of the Indenture Trustee is located, notice effect that such money remains moneys remain unclaimed and thathave not been applied for the purpose for which they were deposited, and that after a date specified therein, which shall be not less than 30 days from after the date of the publicationfirst publication of said notice, any unclaimed balance of that money such moneys then remaining in the hands of the Indenture Trustee will be repaid paid to the Issuer. The Indenture Trustee may also adopt and employ, at Issuer upon their written directions to be held in trust for the expense benefit of the Issuerapplicable Noteholder until distributed in accordance with applicable law. Any successor to the Issuer through merger, consolidation or otherwise or any other reasonable means recipient of notification of a release of payment (including, mailing notice substantially all the assets of the release to Bondholders whose Bonds have been called but have not been surrendered Issuer in a liquidation of the Issuer shall remain liable for redemption or whose right to monies payable but not claimed is determinable from the records amount of any Paying Agent, at unclaimed balance paid to the last address of record of the Holder)Issuer pursuant to this Section 5.10.

Unclaimed Funds. Subject to abandoned property laws, on At the request expiration of two (2) years following the date of Maturity of the IssuerNotes issued hereunder, any money monies deposited in the Holdover Account for such Notes then remaining on deposit and unclaimed by the lawful owner thereof shall be paid to the Issuer (or in accordance with any directions previously given to the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for ) and the payment of the principal of or interest on any Bond and remaining unclaimed for three years after it has become due and payable Person entitled to receive such monies thereafter shall be discharged from the trust and paid to the Issuer. The Holder of the Bond on which payment was due shall thereafter look only to the Issuer for payment thereof as an unsecured general creditor. All creditor (without regard to any limitation on recourse contained herein or in the Notes or any other Security Document), and all liability of the Indenture Trustee or the Paying Agent regarding that with respect to such trust money to the extent so paid to the Issuer shall thereupon cease. The Indenture Trustee or ; 101 110 provided that the Paying AgentTrustee, before being required to make any paymentsuch repayment, may may, at the expense of the Issuer Issuer, cause to be published onceat least once but not more than three times in any Authorized Newspaper (if the Notes were, as of the Trustee's receipt of such payment, listed on a securities exchange) and in a newspaper of general circulation published two newspapers in the English language and customarily published on each Business Day and of general circulation, one in The City of New York, New York and the other in London, England, a notice to the city in which the principal corporate trust office of the Indenture Trustee is located, notice effect that such money remains said monies remain unclaimed and thathave not been applied for the purpose for which they were deposited, and that after a date specified therein, which shall be not less than 30 thirty (30) days from after the date of the publicationfirst publication of said notice, any unclaimed balance of that money said monies then remaining in the hands of the Trustee will be repaid paid to the IssuerIssuer upon its written directions. The Indenture Trustee may also adopt and employAny successor to the Issuer through merger, at consolidation or otherwise or any recipient of substantially all the expense assets of the Issuer, any other reasonable means of notification of Issuer in a release of payment (including, mailing notice liquidation of the release to Bondholders whose Bonds have been called but have not been surrendered Issuer shall remain liable for redemption or whose right to monies payable but not claimed is determinable from the records amount of any Paying Agent, at unclaimed balance paid to the last address of record of the Holder)Issuer pursuant to this paragraph.

Unclaimed Funds. Subject to applicable laws with respect to abandoned property laws, on the request of the Issuerproperty, any money deposited with the Indenture Trustee or any Paying Agent, or then funds held by the Issuer, in trust Trustee (as Trustee or as Paying Agent) for the payment of principal (or the principal of Make Whole Amount, as applicable) or interest purchase price on any Bond and remaining Note that remains unclaimed for three five (5) years and for the payment of interest (including interest which is a part of the purchase price) and Additional Amounts on any Note that remain unclaimed for ten (10) years, in each case, after it has such amount shall have become due and payable payable, shall be discharged from the trust and paid to the Issuer. The Insurer to the extent of any unreimbursed or outstanding amounts paid by the Insurer pursuant to the terms of the Policy and thereafter repaid to the Person which originally paid such funds to the Trustee, and the Holder of the Bond on which payment was due such Note shall thereafter look only to the Issuer for payment look, as an unsecured general creditor. All , only to the Issuer, Insurer or Purchaser (whichever was liable to make the payment being sought) for payment thereof, and all liability of the Indenture Trustee or the Paying Agent regarding that trust money with respect to the extent so paid to the Issuer such funds shall thereupon cease. The Indenture Trustee or the Paying Agent, before being required to make any payment, may at the expense of the Issuer cause to be published once, in a newspaper of general circulation published in the English language and customarily published on each Business Day in The City of New York and in the city in which the principal corporate trust office of the Indenture Trustee is located, notice that such money remains unclaimed and that, after a date specified therein, which shall be not less than 30 days from the date of the publication, any unclaimed balance of that money then remaining will be repaid to the Issuer. The Indenture Trustee may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of a release of payment such repayment (including, but not limited to, mailing notice of such repayment to the release to Bondholders Holders whose Bonds Notes have been called but have not been surrendered for redemption or purchase or whose right to or interest in monies due and payable but not claimed is determinable from the records of any Paying Agentthe Trustee, at the last address of record of the for each such Holder).

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any Any money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal prin cipal of or interest on any Bond Note and remaining unclaimed for three five years after it such principal or interest has become due and payable shall be discharged from the trust and paid to the Issuer on Issuer Request, or (if then held by the Issuer. The ) shall be discharged from such trust; and the Holder of the Bond on which payment was due such Note shall thereafter thereafter, as an unsecured general creditor, look only to the Issuer for payment as an unsecured general creditor. All thereof, and all liability of the Indenture Trustee or the such Paying Agent regarding that with respect to such trust money (but only to the extent of the amounts so paid to the Issuer), and all liability of the Issuer as trustee there of, shall thereupon cease. The Indenture ; provided, however, that the Trustee or the such Paying Agent, before being required to make any such release or payment, may at the expense of the Issuer cause to be published publish ed once, in a newspaper of general circulation published in the English language and language, customarily published on each Business Day and of general circulation in The City of New York, New York and in the city in which the principal corporate trust office of the Indenture Trustee Corporate Trust Office is located, notice that such money remains unclaimed and that, after a date specified therein, which shall not be not less than 30 days from the date of the such publication, any unclaimed balance of that such money then remaining will be repaid to the Issuer. The Indenture Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of a such release of payment (including, but not limited to, mailing notice of the such release to Bondholders Holders whose Bonds Notes have been called but have not been surrendered for redemption or whose right to or interest in monies due and payable but not claimed is determinable from the records of any Paying Agent, at the last address of record of the each such Holder).

Unclaimed Funds. Subject to abandoned property laws, on the request applicable laws with respect to escheat of the Issuerfunds, any money deposited with held by the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Bond amount due with respect to any Note and remaining unclaimed for three two years after it has become due and payable following the final Payment Date on the Notes shall be discharged from the such trust and be paid to the Issuer. The Issuer on Issuer Request; and the Holder of the Bond on which payment was due such Note shall thereafter thereafter, as an unsecured general creditor, look only to the Issuer for payment as an unsecured general creditor. All thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or the Paying Agent regarding that with respect to such trust money to the extent so paid to the Issuer shall thereupon cease. The ; provided, however, that the Indenture Trustee or the Paying AgentTrustee, before being required to make any paymentsuch repayment, may shall at the expense and direction of the Issuer cause to be published once, in a newspaper of general circulation published in the English language and language, customarily published on each Business Day and of general circulation in The City of New York and in the city in which the principal corporate trust office of the Indenture Trustee is located(including, but not limited to, The Bond Buyer), notice that such money remains unclaimed and that, after a date specified therein, which shall not be not less than 30 days from the date of the such publication, any unclaimed balance of that such money then remaining will be repaid to the Issuer. The Indenture Trustee may shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of a release of payment such repayment (including, but not limited to, mailing notice of the release such repayment to Bondholders Holders whose Bonds Notes have been called but have not been surrendered for redemption or whose right to monies or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record of the for each such Holder).

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any money deposited with the The Indenture Trustee or is required to hold any Paying Agent, or then held payments received by it with respect to the Issuer, Notes that are not paid to the Noteholders in trust for the Noteholders. Notwithstanding the foregoing, and subject to applicable abandoned property law, at the expiration of two years following the Final Payment Date for the Notes, any monies set aside in accordance with Section 2.10(b) for payment of principal, interest and other amounts on such Notes remain unclaimed by any lawful owner thereof, such unclaimed funds and, to the principal of or extent required by applicable law, any accrued interest on any Bond and remaining unclaimed for three years after it has become due and payable thereon shall be discharged from the trust and paid to the Issuer. The Holder of the Bond on which payment was due shall thereafter look only remitted to the Issuer to be held in trust by the Issuer for payment as an unsecured general creditor. All the benefit of the applicable Noteholder until distributed in accordance with applicable law, and all liability of the Indenture Trustee or the Paying Agent regarding that trust with respect to such money to the extent so paid to the Issuer shall thereupon cease. The ; provided, that the Indenture Trustee or the Paying AgentTrustee, before being required to make any paymentsuch repayment, may may, at the expense of the Issuer applicable Noteholder, payable out of such unclaimed funds, to the extent permitted by applicable law, and otherwise at the expense of the Issuer, cause to be published once, at least once but not more than three times in a newspaper of general circulation published two newspapers in the English language and customarily published on each Business Day and of general circulation, in The City of New York and in York, New York, a notice to the city in which the principal corporate trust office of the Indenture Trustee is located, notice effect that such money remains monies remain unclaimed and thathave not -50- been applied for the purpose for which they were deposited, and that after a date specified therein, which shall be not less than 30 days from after the date of the publicationfirst publication of said notice, any unclaimed balance of that money such monies then remaining in the hands of the Indenture Trustee will be repaid paid to the Issuer. The Indenture Trustee may also adopt and employ, at Issuer upon their written directions to be held in trust for the expense benefit of the Issuerapplicable Noteholder until distributed in accordance with applicable law. Any successor to the Issuer through merger, consolidation or otherwise or any other reasonable means recipient of notification of a release of payment (including, mailing notice substantially all the assets of the release to Bondholders whose Bonds have been called but have not been surrendered Issuer in a liquidation of the Issuer shall remain liable for redemption or whose right to monies payable but not claimed is determinable from the records amount of any Paying Agent, at unclaimed balance paid to the last address of record of the Holder)Issuer pursuant to this Section 6.10.

Unclaimed Funds. Subject to abandoned property laws, on the request of the Issuer, any Any money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Bond Note and remaining unclaimed for three years after it such principal or interest has become due and payable shall be discharged from the trust and paid to the Issuer on Issuer Request, or (if then held by the Issuer. The ) shall be discharged from such trust; and the Holder of the Bond on which payment was due such Note shall thereafter thereafter, as an unsecured general creditor, look only to the Issuer for payment as an unsecured general creditor. All thereof, and all liability of the Indenture Trustee or the such Paying Agent regarding that with respect to such trust money (but only to the extent of the amounts so paid to the Issuer), and all liability of the Issuer as trustee thereof, shall thereupon cease. The Indenture ; provided, however, that the Trustee or the such Paying Agent, before being required to make any such release or payment, may at the expense of the Issuer cause to be published once, in a newspaper of general circulation published in the English language and language, customarily published on each Business Day and of general circulation in The City of New York, New York and in the city in which the principal corporate trust office of the Indenture Trustee Corporate Trust Office is located, notice that such money remains unclaimed and that, after a date specified therein, 3/64971.8 which shall be not less than 30 days from the date of the such publication, any unclaimed balance of that such money then remaining will be repaid to the Issuer. The Indenture Trustee may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of a such release of payment (including, but not limited to, mailing notice of the such release to Bondholders Holders whose Bonds Notes have been called but have not been surrendered for redemption or whose right to or interest in monies due and payable but not claimed is determinable from the records of any Paying Agent, at the last address of record of the each such Holder).