Common use of Deposited Money and U.S. Government Obligations to be Held in Trust 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 9.01 or 9.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accor dance with the provisions of such Notes and this Indenture, to the payment, either directly or through any 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, 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 shall 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 9.01 or 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 9 to the contrary notwith standing, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certifi cation thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Defeasance or Covenant Defeasance.

Appears in 1 contract

Samples: International Shipholding Corp

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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 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 9.01 or 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 accor dance 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 shall 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 9.01 or 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 9 herein to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certifi cation 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 Defeasance defeasance or Covenant Defeasancecovenant defeasance. Anything herein to the contrary notwithstanding, if and to the extent the deposited money or U.S. Government Obligations (or the proceeds thereof) either (i) cannot be applied by the Trustee in accordance with this Section because of a court order or (ii) are for any reason insufficient in amount, then the Company’s obligations to pay principal of (and premium, if any) and interest on the Securities of such series shall be reinstated to the extent necessary to cover the deficiency on any due date for payment. In any case specified in clause (i), the Company’s interest in the deposited money and U.S. Government Obligations (and proceeds thereof) shall be reinstated to the extent the Company’s payment obligations are reinstated.

Appears in 1 contract

Samples: Home Loan Servicing Solutions, Ltd.

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 9.01 or 9.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accor dance accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determineAgent, 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 the Guarantors, if any, 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 9.01 or 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 9 to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon an Company Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certifi cation 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 (Glasstech Inc)

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 9.01 or 9.04 hereof in respect of the outstanding Notes Securities shall be held in trust and applied by the Trustee, in accor dance accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any 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, but such money need not be segregated from other funds except to the extent required by law. The Company shall 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 9.01 or 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 NotesSecurities. Anything in this Article 9 to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof which, in the opinion of a nationally-recognized firm of independent public accountants expressed in a written certifi cation 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: Samsonite Holdings Inc

Deposited Money and U.S. Government Obligations to be Held in Trust. Other Miscellaneous Provisions. ----------------------------------- All money Subject to the provisions of the last paragraph of Section 10.03, all money, U.S. Government Obligations and U.S. Foreign 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 9.01 or 9.04 hereof 13.04 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accor dance 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. Money, U.S. Government Obligations and Foreign Government Obligations so held in trust shall not be subject to the provisions of Article Fourteen. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations or the Foreign Government Obligations deposited pursuant to Section 9.01 or 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. Anything in this Article 9 to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations or the Foreign Government Obligations held by it as provided in Section 9.01 or 9.04 hereof 13.04 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certifi cation 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 the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Liquid Media Group Ltd.

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Deposited Money and U.S. Government Obligations to be Held in Trust. Other Miscellaneous Provisions. ----------------------------------- All ----------------------------------------------------- Subject to the proviso 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, collectively for purposes of this Section 4.05, the "Trustee") pursuant to Section 9.01 or 9.04 hereof 4.04 in respect of the outstanding Defeased Notes shall be held in trust and applied by the Trustee, in accor dance accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (other than Telemundo Holdings) 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 Telemundo Holdings shall pay and indemnify the Trustee Trustee, its officers, directors and agents and hold such persons harmless against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.01 or 9.04 hereof 4.04 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 Defeased Notes. Anything in this Article 9 Four to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company Telemundo Holdings from time to time upon Company a Telemundo Holdings Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof 4.04 which, in the opinion of a nationally-an internationally recognized firm of independent public accountants expressed in a written certifi cation 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 Defeasance legal defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Telemundo Holding Inc

Deposited Money and U.S. Government Obligations to be Held in Trust. Other Miscellaneous Provisions. ----------------------------------- All money Subject to the provisions of the last paragraph of Section 10.03, all money, U.S. Government Obligations (including the proceeds thereof) and U.S. Foreign 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 9.01 or 9.04 hereof 13.04 in respect of the outstanding Notes any Securities shall be held in trust and applied by the Trustee, in accor dance 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 shall 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 9.01 or 9.04 hereof 13.04 or the principal, premium, if any, principal and interest received in respect thereof 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 9 to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money money, U.S. Government Obligations or U.S. Foreign Government Obligations held by it as provided in Section 9.01 or 9.04 hereof 13.04 with respect to any Securities which, in the opinion of a nationally-nationally recognized firm of independent public accountants expressed in a written certifi cation 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 the Defeasance or Covenant Defeasance, as the case may be, with respect to such Securities.

Appears in 1 contract

Samples: Indenture (Atp Oil & Gas Corp)

Deposited Money and U.S. Government Obligations to be Held in Trust. Other Miscellaneous Provisions. ----------------------------------- All ----------------------------------------------------- Subject to the proviso 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, collectively for purposes of this Section 4.05, the "Trustee") pursuant to Section 9.01 or 9.04 hereof 4.04 in respect of the outstanding Defeased Notes shall be held in trust and applied by the Trustee, in accor dance accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (other than the Company) as the Trustee may determinedeter- 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 shall pay and indemnify the Trustee and hold it harmless against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 9.01 or 9.04 hereof 4.04 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 Defeased Notes. Anything in this Article 9 Four to the contrary notwith standingnotwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 9.01 or 9.04 hereof 4.04 which, in the opinion of a nationally-an internationally recognized firm of independent public accountants expressed in a written certifi cation 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 Defeasance defeasance or Covenant Defeasancecovenant defeasance.

Appears in 1 contract

Samples: Indenture (Saks Inc)

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