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 10 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 or interest on any Securities shall be subject to the provisions of Sections 14.2, 14.3, 14.4 and 14.5 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 Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 14.7, 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.

Appears in 4 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

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Application by Trustee of Monies Deposited With It. Except as provided in Section 10 10.5, 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 or interest on any Securities shall be subject to the provisions of Sections 14.2, 14.3, 14.4 14.4, 14.5 and 14.5 14.6 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 Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 14.714.8, 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 Indebtedness of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article.

Appears in 3 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Application by Trustee of Monies Deposited With It. Except as provided in Section 10 any Any deposit of monies by a the Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the any payment in respect of the principal or interest on any Securities Guarantee shall be subject to the provisions of Sections 14.21401, 14.31402, 14.4 1403 and 14.5 1405 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 on, of either the principal or the interest on Redemption Price in respect of, any Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 14.71406, 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 Guarantor Senior Debt of a Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this ArticleArticle Fourteen.

Appears in 2 contracts

Samples: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)

Application by Trustee of Monies Deposited With It. Except as provided in Section 10 8.04, any deposit of monies by a Guarantor the Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal of or interest on any Securities Notes shall be subject to the provisions of Sections 14.210.01, 14.310.02, 14.4 10.03 and 14.5 10.04, 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, payment of either the principal or the interest on any Security) Note), the Trustee shall not have received with respect to such monies the notice provided for in Section 14.710.06, 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 the Issuer may have to recover any such payments from the Holders in accordance with the provisions of this ArticleArticle 10.

Appears in 2 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Supplemental Indenture (Hovnanian Enterprises Inc)

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Application by Trustee of Monies Deposited With It. Except as provided in Section 10 any deposit of monies by a the Guarantor with the Trustee or any Paying Agent (whether or not in trust) for the payment of the principal or interest on any Securities shall be subject to the provisions of Sections 14.2, 14.3, 14.4 and 14.5 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 Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 14.7, 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 the Guarantor may have to recover any such payments from the Holders in accordance with the provisions of this Article.

Appears in 2 contracts

Samples: Hovnanian Enterprises Inc, Hovnanian Enterprises Inc

Application by Trustee of Monies Deposited With It. Except as provided in Section 10 Article Thirteen, 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 or interest on any Securities shall be subject to the provisions of Sections 14.215.03, 14.315.04, 14.4 15.05 and 14.5 15.06 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 Security) the Trustee shall not have received with respect to such monies the notice provided for in Section 14.715.08, 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.

Appears in 1 contract

Samples: Black Beauty Coal Co

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