Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 79 contracts
Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc), Indenture (Horizon Lines, Inc.), Indenture (Salix Pharmaceuticals LTD)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02 hereof, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money Monies held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money monies received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 32 contracts
Samples: Indenture (Healthcare Trust of America, Inc.), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)
Monies to Be Held in Trust. All Subject to the provisions of Section 7.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on or the investment of any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 21 contracts
Samples: Indenture (ProSomnus, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (ProSomnus, Inc.)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 20 contracts
Samples: Indenture (Molina Healthcare Inc), Indenture (WEIBO Corp), Indenture (PSS World Medical Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money Monies held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money monies received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 17 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 16 contracts
Samples: Indenture (Concur Technologies Inc), Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust or by the Paying Agent hereunder need not be segregated from other funds except to the extent required by law. The Neither the Trustee nor the Paying Agent shall be under no any liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trusteehereunder.
Appears in 16 contracts
Samples: Indenture (BEST Inc.), Indenture (China Lodging Group, LTD), Indenture (Baozun Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 13 contracts
Samples: Indenture (IMH Financial Corp), Indenture (IMH Financial Corp), Indenture (IMH Financial Corp)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 12 contracts
Samples: Notes Purchase Agreement (China Security & Surveillance Technology, Inc.), Satisfaction and Discharge of Indenture (China Security & Surveillance Technology, Inc.), Indenture (Fushi International Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 12 contracts
Samples: Indenture (Cadence Design Systems Inc), Indenture (Sandisk Corp), Forest City Enterprises Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 12 contracts
Samples: Registration Rights Agreement (Gevo, Inc.), Indenture (Oclaro, Inc.), Indenture (Gevo, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed to in writing from time to time by the Company and the Trustee.
Appears in 11 contracts
Samples: Penn Treaty American (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Penn Treaty American Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 10 contracts
Samples: Indenture (Amazon Com Inc), Indenture (Imclone Systems Inc/De), Please Insert Social Security (Brocade Communications Systems Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by lawlaw or as expressly provided herein. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 10 contracts
Samples: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Avaya Holdings Corp.), Indenture (I3 Verticals, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 9 contracts
Samples: Electroglas Inc, Securities Purchase Agreement (Tribune Co), Indenture (Electroglas Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04 and Section 4.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 8 contracts
Samples: Indenture (Mentor Graphics Corp), Indenture (Mentor Graphics Corp), Mentor Graphics Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 8 contracts
Samples: Indenture (Jazz Pharmaceuticals PLC), Indenture (Amarin Corp Plc\uk), Indenture (Jazz Pharmaceuticals PLC)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 8 contracts
Samples: United Dominion (United Dominion Realty Trust Inc), Indenture (KKR Financial Holdings LLC), Indenture (Digital Realty Trust, Inc.)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the TrusteeTrustee in writing.
Appears in 7 contracts
Samples: Indenture (Square, Inc.), Indenture (Square, Inc.), Indenture (Square, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 14.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 6 contracts
Samples: Wilson Greatbatch (Wilson Greatbatch Technologies Inc), Indenture (Celgene Corp /De/), Indenture (Atherogenics Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.03, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 5 contracts
Samples: Registration Rights Agreement (Walter Industries Inc /New/), Indenture (Ryerson Tull Inc /De/), Indenture (Kellwood Co)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest or investment income on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 5 contracts
Samples: Indenture (Natera, Inc.), Indenture (Neogenomics Inc), Indenture (Veritone, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.03, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp), Indenture (CSK Auto Corp)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (Option Care Health, Inc.), Indenture (Owens & Minor Inc/Va/), Indenture (Thor Industries Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 4.02 and Section 13.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (Sepracor Inc /De/), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (Egalet Corp), Indenture (Egalet Corp), Indenture (Fti Consulting Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed to in writing from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (Upstart Holdings, Inc.), Indenture (Sunrun Inc.), Indenture (Sunrun Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder thereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Purchase Agreement (Alterra Healthcare Corp), Atlantic Coast Airlines Inc, Kellstrom Industries Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 10.07, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 4 contracts
Samples: Indenture (Golar LNG LTD), Amicus Therapeutics Inc, Lumentum Holdings Inc.
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies received by the Trustee Trustees shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 3 contracts
Samples: Tower Semiconductor LTD, Tower Semiconductor LTD, Tower Semiconductor LTD
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Maverick Tube Corporation), Encore Capital Group Inc, Blackrock Inc /Ny
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Tivo Inc), E Trade Group Inc, E Trade Group Inc
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for any interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Iterum Therapeutics PLC), Indenture (Iterum Therapeutics PLC), d1io3yog0oux5.cloudfront.net
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04 and Section 4.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (LTX Corp), Globespan Inc/De, LTX Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 14.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Xilinx Inc), Indenture (Microchip Technology Inc), Indenture (Verisign Inc/Ca)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Borland Software Corp), Dexcom Inc, Macrovision Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 15.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Commscope Inc), Indenture (Commscope Inc), Indenture (Gencorp Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest or investment income on any money received by it hereunder except as may and will not be agreed from time to time by the Company and the Trusteedeemed an investment manager.
Appears in 3 contracts
Samples: Indenture (Allegheny Technologies Inc), Burlington Stores (Burlington Stores, Inc.), Burlington Stores, Inc.
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02 hereof, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money Monies held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money monies received by it hereunder except as may be agreed in writing from time to time by the Company MAALP and the Trustee.
Appears in 3 contracts
Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Teladoc, Inc.), Indenture (Teladoc Health, Inc.), Indenture (Teladoc, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 14.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Evergreen Solar Inc), Supplemental Indenture (Evergreen Solar Inc), Rovi Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Airtran Airways Inc), Headwaters Incorporated (Headwaters Inc), Standard Management Corp
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the TrusteeTrustee in writing.
Appears in 3 contracts
Samples: Indenture (Electra Battery Materials Corp), Supplemental Indenture (Rockley Photonics Holdings LTD), Indenture (Electra Battery Materials Corp)
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Indenture (Level One Communications Inc /Ca/), Park Electrochemical Corp, Sequus Pharmaceuticals Inc
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 3 contracts
Samples: Viropharma Inc, Riverstone Networks Inc, At Home Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be otherwise agreed from time to time by with the Company and the TrusteeCompany.
Appears in 2 contracts
Samples: Indenture (Silicon Graphics Inc /Ca/), Indenture (SCS Transportation Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time in writing by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (Ariad Pharmaceuticals Inc), Indenture (Northwest Biotherapeutics Inc)
Monies to Be Held in Trust. All monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02, all monies received by the Trustee or Agents shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee or Agents in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee and the Agents shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 2 contracts
Samples: Paying Agent (Digital Realty Trust, L.P.), Digital Realty Trust, L.P.
Monies to Be Held in Trust. All Subject to the provisions of Sections 4.2 and 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 2 contracts
Monies to Be Held in Trust. All monies received by the Trustee or the Agent shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee or the Agent in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee and the Agent shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Company, the Trustee and the TrusteeAgent.
Appears in 2 contracts
Samples: Indenture (Proofpoint Inc), Indenture (Proofpoint Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under have no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (RCN Corp /De/)
Monies to Be Held in Trust. All Subject to the provisions of Section 3.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on or the investment of any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Purchase Agreement (Aegean Marine Petroleum Network Inc.), document.epiq11.com
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trusteehereunder.
Appears in 2 contracts
Samples: Indenture (Cke Restaurants Inc), Indenture (Omnicom Group Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (Digital Realty Trust, L.P.), Indenture (GLG Partners, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (Flowers Industries Inc /Ga), Indenture (Flowers Industries Inc /Ga)
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under have no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: Indenture (Power One Inc), Indenture (Patriot Coal CORP)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company Issuer and the Trustee.
Appears in 2 contracts
Samples: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be otherwise agreed from time to time by in writing with the Company and the TrusteeCompany.
Appears in 2 contracts
Samples: Comcast Cable Communications Inc, Comcast Cable Communications Inc
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by lawlaw or the Collateral Documents. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 2 contracts
Samples: NanoString Technologies Inc, NanoString Technologies Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 1 contract
Samples: Indenture (RAIT Financial Trust)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent extend required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trusteeit.
Appears in 1 contract
Samples: Firstplus Financial Group Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Cymer Inc
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 12.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be otherwise agreed from time to time by in writing with the Company and the TrusteeCompany.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 11.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time hereunder; provided, however, if interest is earned on such monies, the Trustee shall pay such interest earned to time by the Company and the TrusteeCompany.
Appears in 1 contract
Samples: Omnicom Group Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 12.3, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed to in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Indenture (Adaptec Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under have no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Cash America International Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 14.04 and Section 5.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Lucent Technologies Inc
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.other
Appears in 1 contract
Samples: Indenture (Triarc Companies Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust or the Paying Agent hereunder need not be segregated from other funds except to the extent required by law. The Neither the Trustee nor the Paying Agent shall be under no any liability for interest or investment income on any money received by it hereunder except as may and will not be agreed from time to time by the Company and the Trusteedeemed an investment manager.
Appears in 1 contract
Samples: Xerox Corp
Monies to Be Held in Trust. All Subject to the provisions of Sections 4.02 and 13.04 hereof, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.. Section 8.6
Appears in 1 contract
Samples: Premiere Technologies Inc
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest or investment income on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee. Section 7.06.
Appears in 1 contract
Samples: Neogenomics Inc
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by lawlaw or as expressly provided herein. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company Companies and the Trustee.
Appears in 1 contract
Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.. 7.06
Appears in 1 contract
Samples: Indenture (Tricida, Inc.)
Monies to Be Held in Trust. All Subject to the provisions of -------------------------- Section 13.4, all monies received by the Trustee shall, until used or applied as ------------ herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 7.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on or the investment of any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.. 84
Appears in 1 contract
Samples: Teligent, Inc.
Monies to Be Held in Trust. All Subject to the provisions of Section 12.02, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Indenture (Xilinx Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 14.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Advanced Medical Optics (Advanced Medical Optics Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04 and Section 4.02, all monies received by the Trustee shall, until ----- used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Indenture (Axcelis Technologies Inc)
Monies to Be Held in Trust. All Subject to the provisions of Section 7.06, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Seacor Holdings Inc /New/
Monies to Be Held in Trust. All monies and received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds or property except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 12.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 9.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Macerich Co
Monies to Be Held in Trust. All Subject to the provisions of Section 13.02, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Except as otherwise provided herein, the Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 11.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by between the Company and the Trustee.
Appears in 1 contract
Samples: Sandisk Corp
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company Issuer and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein providedprovided , be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the TrusteeTrustee .
Appears in 1 contract
Samples: www.adamsdrafting.com
Monies to Be Held in Trust. All Subject to the provisions of Section 14.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as set forth in this Indenture and as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Indenture (Durect Corp)
Monies to Be Held in Trust. All Subject to the provisions -------------------------- of Section 13.4 and Section 4.2, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Semtech Corp
Monies to Be Held in Trust. All Subject to the provisions of Section 10.04, all monies and properties received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under have no liability for interest on any money received by it hereunder except as may be agreed in writing from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Indenture (GMX Resources Inc)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by in writing between the Company and the Trustee.
Appears in 1 contract
Monies to Be Held in Trust. All Subject to the provisions of Section 13.4, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder thereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time in writing by the Company and the Trustee.
Appears in 1 contract
Samples: Whole Foods Market Inc
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust or by the Paying Agent or the Conversion Agent hereunder need not be segregated from other funds except to the extent required by law. The Neither the Trustee nor the Paying Agent nor the Conversion Agent shall be under no any liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trusteehereunder.
Appears in 1 contract
Samples: Indenture (MakeMyTrip LTD)
Monies to Be Held in Trust. All monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trustee.
Appears in 1 contract
Samples: Canadian Solar Inc.
Monies to Be Held in Trust. All Subject to the provisions of Section 13.04, all monies received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee or its agents shall be under no liability for interest on any money received by it hereunder except as may be agreed from time to time by the Company and the Trusteehereunder.
Appears in 1 contract
Samples: Solarfun Power Holdings Co., Ltd.
