Common use of Application by Trustee of Monies Deposited With It Clause in Contracts

Application by Trustee of Monies Deposited With It. Except as provided in Section 8.04, any deposit of monies by a Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or interest on any Notes shall be subject to the provisions of Sections 12.01, 12.02, 12.03 and 12.04, except that, if prior to the opening of business on the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment, pursuant to this Guarantee, of either the principal or the interest on any Note), the Trustee shall not have received with respect to such monies the notice provided for in Section 12.06, then the Trustee shall have full power and authority to receive such monies and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after such date, without, however, limiting any rights that holders of Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article 12.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

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Application by Trustee of Monies Deposited With It. Except as provided in Section Sections 8.04, any deposit of monies by a Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or interest on any Notes shall be subject to the provisions of Sections 12.0111.01, 12.0211.02, 12.03 11.03 and 12.0411.04, 76 except that, if prior to the opening of business on the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment, pursuant to this Guarantee, of either the principal or the interest on any Note), the Trustee shall not have received with respect to such monies the notice provided for in Section 12.0611.06, then the Trustee shall have full power and authority to receive such monies and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after such date, without, however, limiting any rights that holders of Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article 1211.

Appears in 1 contract

Samples: Supplemental Indenture (Hovnanian Enterprises Inc)

Application by Trustee of Monies Deposited With It. Except as provided in Section Sections 8.04, any deposit of monies by a Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or interest on any Notes shall be subject to the provisions of Sections 12.0111.01, 12.0211.02, 12.03 11.03 and 12.0411.04, except that, if prior to the opening of business on the date on which by the terms of this Indenture any such monies may become payable for any purpose (including, without limitation, the payment, pursuant to this Guarantee, of either the principal or the interest on any Note), the Trustee shall not have received with respect to such monies the notice provided for in Section 12.0611.06, then the Trustee shall have full power and authority to receive such monies and to apply the same to the purpose for which they were received and shall not be affected by any notice to the contrary which may be received by it on or after such date, without, however, limiting any rights that holders of Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article 1211.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

Application by Trustee of Monies Deposited With It. Except as provided in Section 8.04, any Any deposit of monies by a Guarantor the Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of of, premium, if any, or interest on on, any Notes Securities or the Redemption Price in respect of any Securities shall be subject to the provisions of Sections 12.011301, 12.021302, 12.03 1303 and 12.041305 hereof, except that, if prior to the opening of business on the second Business Day next prior to the date on which which, by the terms of this Indenture Indenture, any such monies may become payable for any purpose (including, without limitation, the paymentpayment of principal of, pursuant to this Guaranteepremium, of either the principal if any, or interest on, or the interest on Redemption Price in respect of, any Note), Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 12.061306, then the Trustee shall have the full power and authority to receive such monies and to apply the same such monies to the purpose for which they were received received, and shall not be affected by any notice to the contrary which may be received by it on or after such date, ; without, however, limiting any rights that holders of Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article 12Thirteen.

Appears in 1 contract

Samples: Indenture (Harrahs Operating Co Inc)

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Application by Trustee of Monies Deposited With It. Except as provided in Section 8.04, any Any deposit of monies by a any Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the any payment in respect of the principal of or interest on any Notes Guaranty shall be subject to the provisions of Sections 12.0114.1, 12.0214.2, 12.03 14.3 and 12.04, 14.5 hereof except that, if prior to the opening of business on the second Business Day next prior to the date on which which, by the terms of this Indenture Indenture, any such monies may become payable for any purpose (including, without limitation, the paymentpayment of principal of, pursuant to this Guaranteeor premium (if any) or interest (including Contingent Payments) on, of either the principal or the interest on Change of Control Offer Price in respect of, any Note), Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 12.0614.6, then the Trustee shall have the full power and authority to receive such monies and to apply the same such monies to the purpose for which they were received received, and shall not be affected by any notice to the contrary which may be received by it on or after such date, ; without, however, 108 limiting any rights that holders of Guarantor Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article 12XIV.

Appears in 1 contract

Samples: Jazz Casino Co LLC

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