Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 127 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Escrow and Disbursement Agreement (Premier Parks Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 32 contracts
Samples: Indenture (Freescale Semiconductor Holdings I, Ltd.), Indenture (National Mentor Holdings, Inc.), Intercreditor Agreement (Claires Stores Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 27 contracts
Samples: Indenture (TransDigm Group INC), Indenture (Geo Group Inc), Indenture (TransDigm Group INC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 20 contracts
Samples: Indenture (Videotron Ltee), Indenture (Videotron Ltee), Indenture (Videotron Ltee)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; providedPROVIDED, howeverHOWEVER, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 13 contracts
Samples: Indenture (Mark I Molded Plastics of Tennessee Inc), Indenture (Inex Corp), Indenture (Heritage Property Investment Limited Partnership)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 13 contracts
Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Assignment and Assumption Agreement (Homer City Generation, L.P.), Indenture (GNLV Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Guarantors’ obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal ofprincipal, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 12 contracts
Samples: Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.), Senior Secured Notes Indenture (Kosmos Energy Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 12 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Supplemental Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Indenture (Ball Corp), Indenture (Ball Corp), Indenture (Ball Corp)
Reinstatement. If the Trustee or the Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or the Paying Agent.
Appears in 10 contracts
Samples: Indenture (Communications Sales & Leasing, Inc.), Indenture (OUTFRONT Media Inc.), Indenture (Communications Sales & Leasing, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 12.02 or 8.03 hereof12.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 hereof 12.03 until such time as the Trustee or Paying Agent is permitted to apply all such money amounts in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligationsObligations, the Company shall be subrogated to the rights of the Holders Holder of such Notes Note to receive such payment from the money amounts held by the Trustee or Paying Agent.
Appears in 9 contracts
Samples: Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Lyondell Refining LP, LLC), Supplemental Indenture (Lyondell Chemical Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its their obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (MultiPlan Corp), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes Note; shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (Mmi Products Inc), Tia Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers' obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Supplemental Indenture (CCH Ii Capital Corp), Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Kti Inc, Df Special Holdings Corp, Delta Financial Corp
Reinstatement. If the Trustee or the Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or the Paying Agent.
Appears in 7 contracts
Samples: Second Lien Intercreditor Agreement (Entercom Communications Corp), Credit Agreement (Beasley Broadcast Group Inc), Cumulus Media Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Indenture (Maxar Technologies Inc.), Indenture (Viasat Inc), Supplemental Indenture (Maxar Technologies Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Ultra Petroleum Corp), Indenture (Continental Resources Inc), Indenture (Ultra Petroleum Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/), CCH Ii Capital Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, of or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Wheeling Pittsburgh Corp /De/, Wheeling Pittsburgh Steel Corp /De
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Guarantors’ obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, or and interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Cogent Communications Group Inc), Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Group Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Supplemental Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings Capital Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.04 or 8.03 hereof8.05, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.04 or 8.03 hereof 8.05 until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 8.04 or 8.03 hereof8.05, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Scotts Miracle-Gro Co), Scotts Miracle-Gro Co, Scotts Miracle-Gro Co
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Euros or nonEuro-callable denominated Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Belden Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or of judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company and the Guarantors under this Indenture Indenture, and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on with respect to any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc, Dole Food Company Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers' obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Insight Communications Co Inc, Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD), Indenture (Wynn Resorts LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or Section 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: First Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 13.02 or 8.03 13.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Supplemental Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 13.02 or 8.03 13.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 13.02 or 8.03 13.03 hereof, as the case may be; provided, however, that, if the Company Suburban Propane makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company shall Suburban Propane will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: First Supplemental Indenture (Suburban Propane Partners Lp), First Supplemental Indenture (Suburban Propane Partners Lp), Second Supplemental Indenture (Suburban Propane Partners Lp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Milacron Holdings Corp.), Indenture (Nationstar Sub2 LLC), Indenture (PBF Energy Co LLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, provided that if the Company Issuer makes any payment of principal ofprincipal, premium, if any, or premium and interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Collateral Trust Agreement (EFIH Finance Inc.), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.. ARTICLE NINE
Appears in 5 contracts
Samples: Indenture (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), First Lien Intercreditor Agreement (RR Donnelley & Sons Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars currency or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofthereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note Security following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Priceline Group Inc.), Indenture (Booking Holdings Inc.), Agency Agreement (Booking Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Subsidiary Guarantors’ obligations under this Indenture and the Notes and the Subsidiary Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.02, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.. ARTICLE NINE
Appears in 5 contracts
Samples: Indenture (Aecom Technology Corp), Indenture (Qorvo, Inc.), Indenture (Qorvo, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 12.02 or 8.03 hereof12.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 hereof 12.03 until such time as the Trustee or Paying Agent is permitted to apply all such money amounts in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest and Liquidated Damages on any Note following the reinstatement of its obligationsObligations, the Company shall be subrogated to the rights of the Holders Holder of such Notes Note to receive such payment from the money amounts held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the applicable Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, Additional Interest, if any, or interest on any such Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Supplemental Indenture (Boyd Gaming Corp), Indenture (Boyd Gaming Corp), Indenture (Treasure Chest Casino LLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the The Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (L 3 Communications Corp), Indenture (L-3 Communications SPD Technologies Inc), Indenture (L 3 Communications Holdings Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Supplemental Indenture (PPC Publishing Corp), Indenture (Sunbeam Corp/Fl/), Sterling Chemical Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Subsidiary Guarantors’ obligations under this Indenture and the Notes and the Subsidiary Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.02, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Qorvo, Inc.), Indenture (Orbital Atk, Inc.), Indenture (Qorvo, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Dollars or non-callable Government Securities Notes in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; providedPROVIDED, howeverHOWEVER, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Echostar DBS Corp), Escrow Agreement (Echostar DBS Corp), Echostar DBS Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, premium or interest on any Note Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Intercreditor Agreement (Arconic Inc.), Collateral Agreement (Arconic Corp), Indenture (Gannett Co., Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies LTD), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 7.02 or 8.03 7.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: TreeHouse Foods, Inc., TreeHouse Foods, Inc., TreeHouse Foods, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes Note; shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers' obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal Accreted Value of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Holdings Capital Corp), Indenture (Charter Communications Inc /Mo/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Guarantors’ obligations under this the Indenture and the Notes Documents shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 hereof 9.03 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 hereof 9.03 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (SM Energy Co), Supplemental Indenture (SM Energy Co), Indenture (SM Energy Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof 8.03, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes has made any payment of principal of, premium, if any, or interest on any Note following Notes because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Kansas City Southern De Mexico, S.A. De C.V., Kansas City Southern, Kansas City Southern
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the applicable Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Applicable Issuers’ obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Applicable Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company Applicable Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: First Lien Intercreditor Agreement (Charter Communications, Inc. /Mo/), Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications, Inc. /Mo/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Senior Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Senior Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Senior Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc), Indenture (Varsity Spirit Corporation)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Supplemental Indenture (Delphi Automotive PLC), Supplemental Indenture (Delphi Technologies PLC), Resideo Technologies, Inc.
Reinstatement. If the Trustee or Paying Agent paying agent is unable to apply any United States dollars U.S. Dollars or non-callable Government Securities in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 11.02 or 8.03 11.03 hereof until such time as the Trustee or Paying Agent paying agent is permitted to apply all such money in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes Security to receive such payment from the money held by the Trustee or Paying Agentpaying agent.
Appears in 4 contracts
Samples: Indenture (Dendreon Corp), Indenture (Dendreon Corp), Thomas Properties Group Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s and the Guarantors’ obligations under this Indenture Indenture, the Notes and the Notes Note Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (WeWork Inc.), Secured Notes Indenture (WeWork Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Euros or nonEuro-callable Denominated Designated Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Supplemental Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Ball Corp), Indenture (Ball Corp), Supplemental Indenture (BALL Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.. ARTICLE NINE
Appears in 4 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the applicable Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Nerdwallet, Inc.), Indenture (Cineverse Corp.), Indenture (Nerdwallet, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Florida Lifestyle Management Co), Indenture (Communities Home Builders Inc), Wci Communities Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities U.S. government obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Toys R Us Property Co II, LLC, Toys R Us Inc, Toys R Us Property Co I, LLC
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premiumpremium and Special Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Clear Channel Communications Inc), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (C C Media Holdings Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.. ARTICLE NINE
Appears in 4 contracts
Samples: Indenture (Continental Resources Inc), Continental Resources Inc, Continental Resources Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (ReAble Therapeutics Finance LLC), Indenture (PBF Energy Inc.), Intercreditor Agreement (DJO Finance LLC)
Reinstatement. If the Trustee or the Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or the Paying Agent.
Appears in 4 contracts
Samples: Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC), Indenture (Nielsen Holdings PLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Centennial Communications Corp), Condor Systems Inc, Formica Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or interest or Liquidated Damages, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Pegasus Communications Corp), Indenture (Pegasus Communications Corp), Pegasus Communications Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 12.02 or 8.03 hereof12.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Issuers under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 hereof 12.03 until such time as the Trustee or Paying Agent is permitted to apply all such money amounts in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company either Issuer makes any payment of principal of, premium, if any, or interest and Liquidated Damages on any Note following the reinstatement of its obligationsObligations, the Company such Issuer shall be subrogated to the rights of the Holders Holder of such Notes Note to receive such payment from the money amounts held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Supplemental Indenture (Equistar Chemicals Lp), Supplemental Indenture (Equistar Funding Corp), Supplemental Indenture (Lyondell Chemical Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities U.S. government obligations in accordance with Section 8.02 8.2 or 8.03 hereof8.3, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Issuer under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 hereof 8.3 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 hereof8.3, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment `from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Ryerson Holding Corp), Intercreditor Agreement (Ryerson Holding Corp), Indenture (BlueLinx Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars U.S. Legal Tender or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining restraining, or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes Securities shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note Security following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes Securities to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Pledge Agreement (Gothic Energy Corp), Gothic Energy Corp, Gothic Energy Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes Notes, shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Wyndham Worldwide Corp), Supplemental Indenture (W R Grace & Co), Indenture (Wyndham Hotels & Resorts, Inc.)
Reinstatement. If the Trustee or the Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s and the Guarantors’ obligations under this Indenture Indenture, the Notes and the Notes Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or the Paying Agent.
Appears in 3 contracts
Samples: Indenture (Meredith Corp), Indenture (Time Inc.), Supplemental Indenture (Meredith Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuers’ obligations under this Indenture and the Secured Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes Issuers make any payment of principal of, premium, if any, premium or interest on any Secured Note following the reinstatement of its their obligations, the Company Issuers shall be subrogated to the rights of the Holders of such the Secured Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Collateral Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Intercreditor Agreement (Sinclair Broadcast Group Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.), Indenture (QGOG Constellation S.A.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its their obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (New Fortress Energy Inc.), Indenture (Covanta Holding Corp), Indenture (New Fortress Energy Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Ameristar Casinos Inc), Indenture (Dresser Inc), Ziff Davis Intermediate Holdings Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Dollars or non-callable Government Securities in accordance with Section 8.02 8.03 or 8.03 8.04 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.03 or 8.03 8.04 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.03 or 8.03 8.04 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Supplemental Indenture (Akumin Inc.), Contingent Value Rights Agreement (Akumin Inc.), Akumin Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp), Lear Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or non-callable Government Securities in accordance with Section Sections 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes of such Series shall be revived and reinstated as though no deposit had occurred pursuant to Section Sections 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money cash and securities in accordance with Section Sections 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note of such Series following the reinstatement of its obligationsObligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash and securities held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Securities Indenture (Centene Corp), Securities Indenture (Centene Corp), Centene Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Citizens Communications Co), Citizens Communications Co, Citizens Communications Co
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 8.4 or 8.03 8.5 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.4 or 8.03 8.5 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.4 or 8.03 8.5 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, or premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (National Oilwell Inc), Indenture (National Oilwell Inc), National Oilwell Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall and will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities U.S. government obligations in accordance with Section 8.02 8.2 or 8.03 hereof8.3, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Issuer under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 hereof 8.3 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 hereof8.3, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Spirit AeroSystems Holdings, Inc., Spirit AeroSystems Holdings, Inc., Spirit AeroSystems Holdings, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-non- callable Government Securities in accordance with Section 8.02 or Section 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: License Agreement (Finlay Fine Jewelry Corp), License Agreement (Finlay Enterprises Inc /De), Finlay Enterprises Inc /De
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: National Equipment Services Inc, Airgas East Inc, Crown Battleground LLC
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars dollars, euros or non-callable noncallable Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, provided however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Polypore International, Inc.), Indenture (Daramic, LLC), Indenture (Polypore International, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars U.S. Legal Tender or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 hereof8.3, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 hereof Section 8.3 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 hereofSection 8.3, as the case may be; provided, however, that, that if the Company makes any payment of principal of, premium, if any, or interest on any Note following Notes because of the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money Cash held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations of the Company under this Indenture and the Notes shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Company shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/
Reinstatement. If the Trustee or the Paying Agent is unable to apply any United States dollars money or non-callable Government Securities in accordance with Section 8.02 shares of Common Stock, or 8.03 hereofboth, as the case may be, in accordance with Section 7.02 hereof by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this the Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 7.01 hereof until such time as the Trustee or the Paying Agent is permitted to apply all such money and shares of Common Stock in accordance with Section 8.02 or 8.03 7.02 hereof, as the case may be; provided, however, that, that if the Company makes any payment of interest on, principal of, premium, if any, of or interest on payment or delivery in respect of any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or shares of Common Stock, if any, held by the Trustee or Paying Agent.
Appears in 2 contracts
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Kinetik Holdings Inc.), Indenture (Kinetik Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or Section 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Oppenheimer Holdings Inc), Passu Intercreditor Agreement (Oppenheimer Holdings Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 8.04 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 8.04 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 8.04 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)
Reinstatement. If the Trustee or Paying Agent paying agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 10.02 or 8.03 10.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 10.02 or 8.03 10.03 hereof until such time as the Trustee or Paying Agent paying agent is permitted to apply all such money amounts in accordance with Section 8.02 10.02 or 8.03 10.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes Note to receive such payment from the money amounts held by the Trustee or Paying Agent.paying agent. 115 121
Appears in 2 contracts
Samples: Williams Communications Group Inc, Williams Communications Group Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's Issuer’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the Company Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Domus Holdings Corp), Indenture (Realogy Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-non- callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations to make the related payments under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, hereof by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations Companies' Obligations under this Indenture Agreement and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Companies make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligationstheir Obligations under this Agreement and the Notes, the Company Companies shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Sac Holding Corp), Indenture (Amerco /Nv/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal Accreted Value of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Xm Satellite Radio Holdings Inc, Xm Satellite Radio Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company's ’s obligations under this Indenture and the Notes shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 hereof 9.03 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 9.02 or 8.03 hereof9.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, interest or interest Additional Interest, if any, on any Note following the reinstatement of its obligations, the Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Affinity Guest Services, LLC), Intercreditor Agreement (Thermon Holding Corp.)