Common use of Deposited Money and U Clause in Contracts

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONS. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 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, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof or the principal, premium, if any, 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 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 3 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD, Norske Skog Canada LTD

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Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 8.04 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, interest but such money need not be segregated segregated, from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 8.04 or the principal, premium, if any, 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 holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 8.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants approved by the trustee in the exercise of reasonable care expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 3 contracts

Samples: Vectren Utility Holdings Inc, Vectren Utility Holdings Inc, Southern Indiana Gas & Electric Co

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 3 contracts

Samples: Ferro Corp, St Paul Capital Trust Ii, Ferro Corp

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or such other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of the Securities of such Notesseries, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Lone Star Technologies Inc, Lone Star Technologies Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 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, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuer and any the Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof or the principal, premium, if any, 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 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 9.03, all money and U.S. Government Obligations obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 13.05, the "Trustee") pursuant to Section 9.04 hereof 13.04 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any) and interest, and accrued interestincluding Special Interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee its officers, directors, employees and agents against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.04 or the principal, premium, if any, 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 NotesOutstanding Securities. The indemnity of this Section 13.05 shall survive the termination of this Indenture or the earlier resignation or removal of the Trustee. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 13.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Clark Refining & Marketing Inc), Clark Refining & Marketing Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Securities to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to Section 8.6, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5 only) pursuant to Section 9.04 hereof 8.4 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 AgentAgent (other than the Company) as the Trustee may determine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principal, premiumRedemption Price or Purchase Price of, and Additional Interest, if any, and accrued interestor interest on, but the Notes, that such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations Securities deposited pursuant to Section 9.04 hereof 8.4 or the principal, premium, if any, 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 Nine VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 9.04 hereof 8.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Dan River Inc /Ga/), Indenture (Mobile Mini Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All --------------------------------------------------- Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 13.5, the "Trustee") pursuant to Section 9.04 hereof 13.4 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.4 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 13.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Alberto Culver Co, Case Credit Corp

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 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 AgentAgent as the Trustee may determine, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any the Subsidiary Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof or the principal, premium, if any, 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 Nine 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 12.4 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 12.4 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 12.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Stena Ab), Indenture (Stena Ab)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All ------------------------------ Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities of such series. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Article Twelve (Mead Corp), Article Twelve (Meadwestvaco Corp)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of Section 10.2(e), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 13.2 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes the Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notesthe Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.2 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which13.2 with respect to the Securities that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasancewith respect to the Securities.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Resource Capital Corp.), Resource Capital Corp.

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee; collectively, for purposes for this Section 1205, the "Trustee") pursuant to Section 9.04 hereof 1204 in respect of the outstanding Notes Outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, premium and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1204 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1204 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Indenture (Blount International Inc), CTR Manufacturing Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, 1304 which in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 2 contracts

Samples: Precision Castparts Corp, Monsanto Co /New/

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Securities to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to Section 8.6 hereof, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5 only, the "Trustee") pursuant to Section 9.04 8.4 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 AgentAgent (other than the Company) as the Trustee may determine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principalprincipal or Redemption Price of, premiumand Additional Interest, if any, and accrued interestinterest on, but the Notes, that such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations Securities deposited pursuant to Section 9.04 8.4 hereof or the principal, premium, if any, 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 Nine VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or U.S. Government Obligations Securities held by it as provided in Section 9.04 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 2 contracts

Samples: Indenture (Anchor Glass Container Corp /New), Ironton Iron Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All ----------------------------------- Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 13.4 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.4 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 13.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Susquehanna Bancshares Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1405, the "TRUSTEE") pursuant to Section 9.04 hereof 1404 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1404 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1404 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Platinum Underwriters Holdings LTD

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1405, the "Trustee") pursuant to Section 9.04 hereof 1404 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. Money and U.S. Government Obligations (including the proceeds thereof) so held in trust shall not be subject to the provisions of Article Eleven, provided that the applicable conditions of Section 1404 have been satisfied. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1404 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1404 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: St Paul Capital Trust Ii

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of Section 10.2(e), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 13.2 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes the Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notesthe Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Each of the Company and any Guarantors Reading NZ shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.2 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which13.2 with respect to the Securities that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasancewith respect to the Securities.

Appears in 1 contract

Samples: Indenture (Reading International Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONSGovernment Obligations to Be Held in Trust: Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.3 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively for purposes of this Section 12.5, the "Trustee") pursuant to Section 9.04 12.4 hereof in respect of the outstanding Notes Outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through through, any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any taxall taxes, fee fees or other charge charges imposed on or assessed against the U.S. Government Governmental Obligations deposited pursuant to Section 9.04 12.4 hereof or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine XII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 12.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance legal defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Supplemental Indenture (KCS Energy Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 9.4 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, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any the Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 9.4 hereof or the principal, premium, if any, 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 Nine 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 9.4 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Morris Material Handling Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSMiscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 1506, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 1504 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1504 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1504 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Indenture (Gulfmark Offshore Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTand Foreign Government Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money money, U.S. Government Obligations and U.S. Foreign Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 9.4 hereof in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying AgentAgent as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations and Foreign Government Obligations deposited pursuant to Section 9.04 9.4 hereof or the principal, premium, if any, 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 Nine 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money money, U.S. Government Obligations or U.S. Foreign Government Obligations held by it as provided in Section 9.04 9.4 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: American Signs Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 9.4 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, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 9.4 hereof or the principal, premium, if any, 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 Nine 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 9.4 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Indenture (MMH Holdings Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All ---------------------------- Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities of such series. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Mead Corp)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All --------------------------------------------- Subject to Section 8.06 hereof, all money 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 9.04 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 such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) 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 9.04 8.04 hereof or the principal, premium, if any, 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 Nine Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Sterling Chemical Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 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 AgentAgent as the Trustee may determine, to the Holders holders of such Notes, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuers and any the Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof or the principal, premium, if any, 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 holders of the outstanding Notes. Anything in this Article Nine 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Mobile Satellite (Skyterra Communications Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively, and solely for purposes of this Section 1205, the "Trustee") pursuant to Section 9.04 hereof 1204 in respect of the outstanding Notes Securities of any series shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1204 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1204 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Forest City Enterprises Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONS. Other Miscellaneous Provisions All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 13.6, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 13.4 in respect of the outstanding Notes Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Notes series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Notesseries, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.4 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which13.4 with respect to Securities of any Defeasible Series that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.

Appears in 1 contract

Samples: Indenture (Harsco Corp)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 13.06, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 9.04 hereof 13.04 in respect of the outstanding Notes Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Notes series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Notesseries, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.04 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which13.04 with respect to Securities of any Defeasible Series that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.

Appears in 1 contract

Samples: Indenture (Primus Guaranty LTD)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1004, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Wisconsin Central Transportation Corp

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee--collectively, for purposes of this Section 1405, the "Trustee") pursuant to Section 9.04 hereof 1304 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 its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. Money so held in trust shall not be subject to the provisions of Article Twelve. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1404 or the principal, premium, if any, 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 Outstanding Notes. Anything in this Article Nine Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1404 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Hollywood Theaters Inc)

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Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities of such series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of the Securities of such Notesseries, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Dynegy Capital Trust Iii

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSMiscellaneous Provisions. All Subject to Section 10.7, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 10.6, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 9.04 hereof 10.4 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Issuer acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors Issuer shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 10.4 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Issuer from time to time upon a Company Issuer Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 10.4 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof thereof, which would then be required to be deposited to effect an equivalent Legal the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Indenture (General Mills Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSMiscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 8.4 hereof in respect of the outstanding Convertible Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Convertible Notes and this Indenture, to the payment, either directly or through any such Paying AgentAgent as the Trustee may determine, to the Holders of such Convertible Notes, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 8.4 hereof or the principal, premium, if any, 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 Convertible Notes. Anything in this Article Nine VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request Order any money or U.S. Government Obligations held by it as provided in Section 9.04 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants accounts expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then the be required to be deposited to effect an equivalent Legal the Defeasance or Covenant Defeasance, as the case may be, with respect to the outstanding Convertible Notes.

Appears in 1 contract

Samples: Indenture (Usn Communications Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSMiscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 15.06, the Trustee and any such other trustee are referred to collectively as the 51 “Trustee”) pursuant to Section 9.04 hereof 15.04 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 15.04 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 15.04 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Bold Energy III LLC

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to Section 8.06, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 8.04 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 such Notes, Notes of all sums due and to become due thereon in respect of principalprincipal amount, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Obligations deposited pursuant to Section 9.04 hereof 8.04 or the principal, premium, if any, 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 Nine 8 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 9.04 hereof 8.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Pf Net Communications Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 14.06, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 14.04 in respect of the outstanding Notes Securities of any Defeasible Series shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities of such Notes series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Notesseries, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 14.04 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesOutstanding Securities. Anything in this Article Nine XIV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which14.04 with respect to Securities of any Defeasible Series that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant DefeasanceDefeasance with respect to the Securities of such series.

Appears in 1 contract

Samples: Indenture (Jefferies Group Capital Finance Inc.)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteecollectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Securities of this series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities of this series and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities of this series, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities of this series. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant covenant Defeasance.

Appears in 1 contract

Samples: Kroger Co

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of Section 10.2(d), all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 13.3 and Section 13.4, the Trustee and any such other trustee are referred to collectively as the “Trustee”) pursuant to Section 9.04 hereof 13.2 in respect of the outstanding Notes Electing Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes the Electing Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notesthe Electing Securities, of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.2 or the principal, premium, if any, principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of the outstanding NotesElecting Securities. Anything in this Article Nine XIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which13.2 with respect to the Electing Securities that, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasancewith respect to the Electing Securities.

Appears in 1 contract

Samples: Vestin Realty Mortgage II, Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All ------------------------------------------------------------- Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 13.5, the "Trustee") pursuant to Section 9.04 hereof 13.4 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.4 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 13.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Nalco Energy Services Equatorial Guinea LLC

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to SECTION 8.6 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this SECTION 8.5, the “Trustee”) pursuant to Section 9.04 SECTION 8.4 hereof in respect of the outstanding Notes shall will 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 such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) will 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 9.04 SECTION 8.4 hereof or the principal, premium, if any, 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 Notwithstanding anything in this Article Nine ARTICLE VIII to the contrary notwithstandingcontrary, the Trustee shall will deliver or pay to the Company from time to time upon a the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 SECTION 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under SECTION 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Indenture (Travelport Worldwide LTD)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONS. All Subject to Section 9.06 hereof, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.05, the “Trustee”) pursuant to Section 9.04 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 its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, interest and accrued interestLiquidated Damages, if any, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Obligations deposited pursuant to Section 9.04 hereof or the principal, premium, if any, 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 Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 9.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Dollar Financial (Check Mart of New Mexico Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Mis- cellaneous Provisions. All Subject to Section 8.6 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Sec- tion 8.5, the “Trustee”) pursuant to Section 9.04 8.4 hereof in respect of the outstanding Notes shall will 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 deter- mine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) will pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed as- sessed against the cash or U.S. Government Obligations deposited pursuant to Section 9.04 8.4 hereof or the principal, premium, if any, 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 Notwithstanding anything in this Article Nine VIII to the contrary notwithstandingcontrary, the Trustee shall will deliver or pay to the Company Compa- ny from time to time upon a the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants account- ants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. SECTION 8.6.

Appears in 1 contract

Samples: Townsquare Media, Inc.

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All --------------------------------------------------- Subject to Section 8.06 hereof, all money 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 9.04 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 such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) 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 9.04 8.04 hereof or the principal, premium, if any, 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 Nine Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Sterling Chemical Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trusts; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively for purposes of this Section 4.5, the "Trustee") pursuant to Section 9.04 hereof 4.4 in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 4.4 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine IV to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 4.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Conseco Inc)

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 Notesthereof. Anything in this Article Nine herein to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof which, 1304 which in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Owens Corning Capital Ii

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSMiscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section and Section 1306, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, premium, if any, principal and accrued any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 NotesOutstanding Securities. Anything in this Article Nine to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Micron Technology Inc

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONS. All Subject to the provisions of the last paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 13.4 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying AgentAgent (including the Company acting as its own paying agent) as the Trustee may determine, to the Holders of such NotesSecurities, of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 13.4 or the principal, premium, if any, 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 NotesOutstanding Securities of such series. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 13.4 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Citizens Utilities Capital L P

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUST; OTHER MISCELLANEOUS PROVISIONSGovernment Obligations to be Held in Trust: Other Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 12.04 in respect of the outstanding Notes Outstanding Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interestAmortization Payments, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 12.04 or the principal, premium, if any, and interest Amortization Payments 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 NotesOutstanding Securities. Anything in this Article Nine Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Company, from time to time upon a Company Request Request, any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 12.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance "defeasance" or Covenant Defeasance"covenant defeasance".

Appears in 1 contract

Samples: Shareholders Agreement

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 10.03, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 9.04 hereof 4.01 in respect of the outstanding Notes Outstanding Securities of such series shall be held in trust and applied by the Trustee, 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 its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.04 hereof 4.01 or the principal, premium, if any, 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 NotesOutstanding Securities of such series. Anything in this Article Nine Four to the contrary notwithstanding, the Trustee shall deliver or pay to the Company Company, from time to time upon a Company Request Request, any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 4.01 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance "defeasance" or Covenant Defeasance"covenant defeasance".

Appears in 1 contract

Samples: Ford Motor Co Capital Trust I

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to Be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively for purposes of this Section 1305, the "Trustee") pursuant to Section 9.04 hereof 1304 in respect of the outstanding 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 its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principal, principal (and premium, if any, ) and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Governmental Obligations deposited pursuant to Section 9.04 hereof 1304 or the principal, premium, if any, 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 Outstanding Notes. Anything in this Article Nine Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a Company Request any money or U.S. Government Obligations held by it as provided in Section 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Fleming Companies Inc /Ok/

Deposited Money and U. S. GOVERNMENT OBLIGATIONS TO BE HELD IN TRUSTGovernment Obligations to be Held in Trust; OTHER MISCELLANEOUS PROVISIONSOther Miscellaneous Provisions. All Subject to Section 8.06 hereof, all money and non-callable 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 9.04 8.04 hereof in respect of the outstanding Notes of any series 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 such Notes, Notes of all sums due and to become due thereon in respect of principal, premium, if any, and accrued interest, but such money need not be segregated from other funds except to the extent required by law. The Company and any Guarantors shall (on a joint and several basis) pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Obligations deposited pursuant to Section 9.04 8.04 hereof or the principal, premium, if any, 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 such outstanding Notes. Anything in this Article Nine Eight to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon a the request of the Company Request any money or non-callable U.S. Government Obligations held by it as provided in Section 9.04 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: Electroglas Inc

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