Common use of Deposited Cash and U Clause in Contracts

Deposited Cash and U. S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “Trustee”) pursuant to Section 8.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the written request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States expressed in a written certification thereof delivered to the Trustee (which may be the certification delivered under Section 8.04(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 8.6 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 8.058.5, the “Trustee”"Paying Agent") pursuant to Section 8.04 8.4 hereof in respect of the outstanding Notes Securities shall be held in trust and applied by the TrusteePaying Agent, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities money need not be segregated from other funds except to the extent required by law. The Issuers Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any 87 such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesSecurities. Anything in this Article 8 to the contrary notwithstanding, the Trustee or the Paying Agent, as applicable, shall deliver or pay to the Issuers Company from time to time upon the written Company's request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States accountants expressed in a written certification thereof delivered to the Trustee (which may be the certification opinion delivered under Section 8.04(a8.4(i) hereof), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 8.6 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 8.058.5, the “Trustee”"Paying Agent") pursuant to Section 8.04 8.4 hereof in respect of the outstanding Notes Securities shall be held in trust and applied by the TrusteePaying Agent, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities money need not be segregated from other funds except to the extent required by law. The Issuers Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesSecurities. Anything in this Article 8 to the contrary notwithstanding, the Trustee or the Paying Agent, as applicable, shall deliver or pay to the Issuers Company from time to time upon the written Company's request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States accountants expressed in a written certification thereof delivered to the Trustee (which may be the certification opinion delivered under Section 8.04(a8.4(i) hereof), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 hereof9.6, all cash Cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 8.059.5, the “Trustee”"Paying Agent") pursuant to Section 8.04 hereof 9.4 in respect of the outstanding Notes Securities shall be held in trust and applied by the TrusteePaying Agent, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any other Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities money need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify SECTION 9.6 Repayment to the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesCompany. Anything in this Article 8 IX to the contrary notwithstanding, the Trustee or the Paying Agent, as applicable, shall deliver or pay to the Issuers Company from time to time upon the written request of the Issuers Company any cash Cash or U.S. Government Obligations held by it as provided in Section 8.04 9.4 hereof which, which in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States accountants expressed in a written certification thereof delivered to the Trustee (which may be the certification opinion delivered under Section 8.04(a9.4(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.. Any Cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest on any Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request; and the Holder of such Security shall thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. 38

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 8.6 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 8.058.5, the “Trustee”"Paying Agent") pursuant to Section 8.04 8.4 hereof in respect of the outstanding Notes Securities shall be held in trust and applied by the TrusteePaying Agent, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities money need not be segregated from other funds except to the extent required by law. The Issuers Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesSecurities. Anything in this Article 8 to the contrary notwithstanding, the Trustee or the Paying Agent, as applicable shall deliver or pay to the Issuers Company from time to time upon the written Company's request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States accountants expressed in a written certification thereof delivered to the Trustee (which may be the certification delivered under Section 8.04(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.a

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “"Trustee”") pursuant to Section 8.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuers acting as Paying Agent) as the Trustee may determine, to the Holders of all sums due and to become due thereon in respect of principal, premium, if any, and interestinterest and Additional Interest, if any, but such cash and securities need not be segregated from other funds except to the extent required by law. The Issuers shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the written request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally accountants of recognized in the United States international standing expressed in a written certification thereof delivered to the Trustee (which may be the certification delivered under Section 8.04(a8.04(b) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Deposited Cash and U. S. Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the “Trustee”) pursuant to Section 8.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities need not be segregated from other funds except to the extent required by law. The Issuers Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Anything in this Article 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuers Company from time to time upon the written request of the Issuers Company any cash or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally accountants of recognized in the United States international standing expressed in a written certification thereof delivered to the Trustee (which may be the certification delivered under Section 8.04(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Deposited Cash and U. S. Government Obligations to Be be Held in Trust; Other Miscellaneous Provisions. Subject to Section 8.06 8.6 hereof, all cash and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 8.058.5, the “Trustee”"Paying Agent") pursuant to Section 8.04 8.4 hereof in respect of the outstanding Notes -68- Securities shall be held in trust and applied by the TrusteePaying Agent, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Securities of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such cash and securities money need not be segregated from other funds except to the extent required by law. The Issuers Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 8.04 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding NotesSecurities. Anything in this Article 8 to the contrary notwithstanding, the Trustee or the Paying Agent, as applicable, shall deliver or pay to the Issuers Company from time to time upon the written Company's request of the Issuers any cash or U.S. Government Obligations held by it as provided in Section 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants, investment bank or valuation firm, in each case, nationally recognized in the United States accountants expressed in a written certification thereof delivered to the Trustee (which may be the certification opinion delivered under Section 8.04(a8.4(i) hereof), are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.