Common use of Reinstatement Clause in Contracts

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 14 contracts

Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)

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Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non-callable 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 13 contracts

Samples: Indenture (LiveWatch Security, LLC), Indenture (Jack Cooper Holdings Corp.), Carrols Restaurant Group, Inc.

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 12 contracts

Samples: Indenture (Prestige Consumer Healthcare Inc.), Indenture (Vivint Smart Home, Inc.), Indenture (Prestige Consumer Healthcare Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note Notes following the reinstatement of its their obligations, the Issuer 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 12 contracts

Samples: Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC)

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 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Guarantees related Note Guarantees, if any, 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 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 provided, however, that, if the Issuer makes Company make any payment of principal of, premium, if any, or interest interest, if any, on any Note such Notes following the reinstatement of its obligations, the Issuer 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 Agentpaying agent.

Appears in 10 contracts

Samples: Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Dollars or noncallable U.S. Government Securities Obligations in accordance with Section 8.02 8.02, 8.03 or 8.03 8.08 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.08 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.02, 8.03 or 8.03 8.08 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer Company shall be subrogated to the rights of the Holders of such the Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 8 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any money or United States dollars or Government Securities Obligations in accordance with Section 8.02 8.03 or 8.03 hereof8.04, 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 Issuer’s and the Guarantors’ 's obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.03 or 8.03 hereof 8.04, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such money or United States Government Obligations in accordance with Section 8.02 8.03 or 8.03 hereof8.04, as the case may be; provided thatprovided, however, that if the Issuer makes has made any payment of principal of, premium, if any, or interest on or principal or premium of any Note following Notes because of the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or United States Government Obligations held by the Trustee or Paying Agent.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities euros in accordance with Section 8.02 12.02 or 8.03 12.03 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer 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 7 contracts

Samples: Paying Agent (Digital Realty Trust, L.P.), Paying Agent (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 (Vine Energy Inc.), Indenture (United States Steel Corp), Indenture (Chobani Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non-callable 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 6 contracts

Samples: Indenture (Kemet Corp), Indenture (Salem Communications Corp /De/), Triumph 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer makes any payment of principal of, premiumpremium on, if any, or interest on interest, if any, on, any Note following the reinstatement of its obligations, the Issuer 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 6 contracts

Samples: Indenture (Broadcom Inc.), Indenture (Broadcom Inc.), Indenture (Broadcom Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities pounds sterling in accordance with Section 8.02 12.02 or 8.03 12.03 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer 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 5 contracts

Samples: Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.), Indenture (Digital Realty Trust, L.P.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Euros or Euro 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 Section 8.03 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia 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 12.02 or 8.03 12.03 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 Issuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Guarantees shall Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or non-callable Government Securities held by the Trustee or Paying Agent.

Appears in 5 contracts

Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)

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 7.02 or 8.03 hereofSection 7.03, 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 IssuerCompany’s and obligations to make the Guarantors’ obligations related payments under this Supplemental Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 7.02 or 8.03 hereof Section 7.03 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 hereofSection 7.03, as the case may be; provided provided, however, that, if the Issuer makes Company make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 (Vital Energy, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum, 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 9.02 or 8.03 9.03 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 9.03 hereof 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 9.03 hereof, as the case may be; provided provided, however, that, if the Issuer Company or any Guarantor makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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: Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP), Intercreditor Agreement (FiberTower CORP)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Guarantees Security Documents 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 that, if the 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 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 (iHeartCommunications, Inc.), Indenture (Clear Channel Communications Inc), Indenture (Clear Channel Communications Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, that if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note Notes following the reinstatement of its their obligations, the Issuer 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 (Alight Group, Inc.), Indenture (Alight Group, Inc.), Indenture (Change Healthcare 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 Parent's, the Issuer’s 's and the Subsidiary Guarantors' obligations under this Indenture and the Notes and the Note Guarantees 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, that if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note Notes following the reinstatement of its obligations, the Issuer 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 (Clarios International Inc.), Indenture (Clarios International Inc.), Indenture (Clarios International Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or Government Securities Governmental Obligations in accordance with Section 8.02 12.2 or 8.03 hereof12.3, 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 Issuer’s Issuers’ and the Guarantors’ Guarantor’s obligations under this the Indenture and the Notes and the Guarantees Note Guarantee shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.2 or 8.03 hereof 12.3 until such time as the Trustee or Paying Agent is permitted to apply all such money cash or Governmental Obligations in accordance with Section 8.02 12.2 or 8.03 hereof12.3, as the case may be; provided be; provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on any Note following the reinstatement of its obligations, the Issuer Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash or Governmental Obligations held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (CyrusOne Inc.), Third Supplemental Indenture (CyrusOne Inc.), First Supplemental Indenture (CyrusOne Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 8.05 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 8.05 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such the Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Supplemental Indenture (Dycom Industries Inc), Indenture (Harsco Corp), Indenture (Catalent, 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 Issuer’s and the GuarantorsCo-Obligors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes Co-Obligors make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer Co-Obligors 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 (Duane Reade Inc), Indenture (Duane Reade), Indenture (Central Credit, LLC)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars cash or U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, of this Indenture by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s Company's and the Guarantors' obligations under this 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 or 8.03 Sections 8.2 and 8.3 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest (and Liquidated Damages, if any) on any Note following the reinstatement of its obligations, the Issuer Company shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Indenture (Penton Media Inc), Radiologix Inc, Radiologix Inc

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities euros in accordance with Section 8.02 12.02 or 8.03 12.03 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, of or premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer 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 (Digital Realty Trust, L.P.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 (Stericycle Inc), Indenture (Carters Inc), Indenture (Stericycle 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 IssuerCompany’s and obligations to make the Guarantors’ obligations related payments under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes Company make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 (Brigham Exploration Co), Indenture (Brigham Exploration Co), Indenture (Brigham Exploration 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 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 Issuer’s and the Guarantors’ Issuers' obligations under this Indenture and the Notes and the Guarantees Debentures 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 Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note Debenture following the reinstatement of its their obligations, the Issuer Issuers shall be subrogated to the rights of the Holders of such Notes Debentures to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 4 contracts

Samples: Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Sales & Leasing Lp, Anthony Crane Holdings Capital 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on interest, if any, on, any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp), Indenture (Peabody Energy Corp)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non-callable 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this Indenture and the applicable series of 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note applicable series of Notes following the reinstatement of its obligations, the 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 (Oshkosh Corp), Indenture (Oshkosh Corp), Indenture (Oshkosh Corp)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government non-callable Gov- ernment 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 Issuer’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Noteholder Collateral Platform Guarantees with respect to 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 that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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: Execution Version, Indenture, Indenture

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Guarantees Guarantee 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 that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 (Alliant Energy Corp), Indenture (Alliant Energy Corp), Indenture (Alliant Energy 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 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 or Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided provided, however, that, if the Issuer makes make any payment of principal of, premiumpremium on, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall will 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 3 contracts

Samples: Range Resources (Range Resources Corp), Range Resources (Range Resources Corp), Indenture (Range Resources 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 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees Defeased 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 provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest or Special Interest, if any, on any Note Defeased Securities following the reinstatement of its obligations, the Issuer Company shall be subrogated to the rights of the Holders of such Notes Defeased Securities to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 3 contracts

Samples: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the 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 (Aramark), Indenture (Aramark), Intercreditor Agreement (Merge Healthcare 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 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 hereof8.03, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, premium or interest on on, any Note following the reinstatement of its obligations, the Issuer shall Company 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: Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, LLC), Subordination Agreement (Cheniere Corpus Christi Holdings, 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 Issuer’s and Issuers’ or the Guarantors’ obligations under this Indenture Indenture, the Notes, the Note Guarantee, the Pledge Agreement and the Notes and the Guarantees Intercreditor Agreement 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 Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 3 contracts

Samples: Signatures (Wynn Las Vegas LLC), Indenture (Wynn Las Vegas LLC), Wynn Las Vegas 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 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 Issuer’s and the Guarantors’ obligations of AirGate under this 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 provided, however, that, if the Issuer AirGate makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer AirGate 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: Pledge Agreement (Agw Leasing Co Inc), Intercreditor Agreement (Airgate PCS Inc /De/), Indenture (Airgate PCS Inc /De/)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or U.S. Government Securities Obligations in accordance with Section 8.02 8.2, 8.3 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 Issuer’s and the Guarantors’ Company's obligations under this 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, 8.3 or 8.03 8.5 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money assets in accordance with Section 8.02 8.2, 8.3 or 8.03 8.5 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, or premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer 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 (Cinemark Inc), Cinemark Usa Inc /Tx, Cinemark Usa Inc /Tx

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 Issuer’s and the Guarantors’ Issuers' obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided PROVIDED, HOWEVER, that, if the Issuer Issuers makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 2 contracts

Samples: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States money or U.S. dollars or 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 Issuer’s and the Guarantors’ obligations under this 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. government obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: CPG Merger Sub (CPG Newco LLC), CPG Merger Sub (CPG Newco 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 Issuer’s and the Guarantors’ Company's obligations under this Indenture and Indenture, the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer 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 Issuer 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 (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or U.S. 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 of judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s obligations of the Issuers and the Guarantors’ obligations 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on with respect to any Note following the reinstatement of its obligations, the Issuer 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 2 contracts

Samples: Indenture (Oak Ridger LLC), Superior Essex Inc

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 8.05 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 8.05 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such the Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Cano Health, Inc.), Indenture (Healthcare Royalty, 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 12.02 or 8.03 12.03 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees shall will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, premium or interest on on, any Note following the reinstatement of its obligations, the Issuer 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 2 contracts

Samples: Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 IssuerCompany’s and obligations to make the Guarantors’ obligations related payments under this Indenture and the relevant series of Notes and the 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 provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note of such series following the reinstatement of its obligations, the Issuer 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 (California Resources Corp), Indenture (Occidental Petroleum Corp /De/)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the 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 that, if the Issuer makes Issuers make any payment of principal ofprincipal, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer 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 2 contracts

Samples: Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s and the GuarantorsObligors’ obligations under this Indenture and the Notes notes and the Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on interest, if any, on, any Note note following the reinstatement of its obligations, the Issuer shall Issuers will be subrogated to the rights of the Holders of such Notes notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Gogo Inc.), Indenture (Gogo Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non-callable U.S. government obligations in accordance with Section 8.02 8.2, 8.3 or 8.03 8.8 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this Indenture and the Notes and of the Guarantees applicable Series shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, 8.3 or 8.03 8.8 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, 8.3 or 8.03 8.8 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 (Rock-Tenn Co of Texas), Indenture (Rock-Tenn CO)

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 Issuer’s and the Guarantors’ Issuers' obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note Notes following the reinstatement of its their obligations, the Issuer 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 2 contracts

Samples: Indenture (Metricom Inc / De), Indenture (Metricom Inc / De)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the 2017 B Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premiumpremium and Special Interest, if any, or interest on any 2017 B Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such 2017 B Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (CC Media Holdings Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non- callable U.S. government obligations in accordance with Section 8.02 SECTION 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 SECTION 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 SECTION 8.2 or 8.03 8.3 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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: Triumph Group Inc, Triumph Group 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 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 cash or non-callable U.S. Government Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash or non-callable U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Supplemental Indenture (Hughes Communications, Inc.), Indenture (HNS Finance 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 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees shall will 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on interest, if any, on, any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 2 contracts

Samples: Indenture (CSI Compressco LP), Indenture (CSI Compressco LP)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes make any payment of principal of, premium, if any, or interest on any Note Notes following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such the Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Series A Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premiumpremium and Special Interest, if any, or interest on any Series A Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such Series A Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States money or U.S. dollars or 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees shall will 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium or Additional Interest, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Valley Telephone Co., LLC), Indenture (Valley Telephone Co., LLC)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Series B Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premiumpremium and Special Interest, if any, or interest on any Series B Note following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of such Series B Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor 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 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 thatprovided, however, that if the Issuer makes Issuers make any payment of principal of, premiumpremium or Additional Interest, if any, or interest on any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 2 contracts

Samples: Supplemental Indenture (Susser Holdings CORP), Supplemental Indenture (Susser Holdings CORP)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities in accordance with Section 8.02 or 8.03 hereof, 156 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 2 contracts

Samples: Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.)

Reinstatement. If the Trustee Trustees or Paying Agent is unable to apply any United States dollars money, Euros or 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees shall will 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 Trustees 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 provided, however, that, if the Issuer makes any payment of principal of, premium, or interest or Additional Interest, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall will 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 Trustees or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)

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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 Issuer’s and the 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 hereof8.03, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money cash or Government Securities held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Symbion Inc/Tn), Usp Mission Hills, 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on interest, if any, on, any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 2 contracts

Samples: Indenture (Broadcom Cayman L.P.), Indenture (Broadcom 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 SECTION 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 SECTION 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 SECTION 8.2 or 8.03 8.3 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 (Triumph Group Inc), Triumph Group Inc

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or Government Securities government obligations 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the 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 that, if the Issuer Company makes any payment of principal ofprincipal, premiumpremium and Additional Amounts, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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: Senior Secured Notes Indenture (CIMPRESS PLC), Pledge and Security Agreement (CIMPRESS PLC)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided that, if the Issuer makes make any payment of principal of, premium, if any, or interest on any Note Notes of a series following the reinstatement of its obligations, the Issuer shall be subrogated to the rights of the Holders of the Notes of such Notes series to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees so defeased pursuant to this Article 8 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 that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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: Supplemental Indenture (Travelport LTD), Indenture (Travelport LTD)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and of the Guarantees applicable series 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 that, if the Issuer makes Issuers make any payment of principal of, premiumpremium and Additional Interest, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer Issuers shall be subrogated to the rights of the Holders of the Notes of such Notes series to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Base Indenture (Dell Technologies Inc.), Base Indenture (Dell Technologies 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 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees shall will 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 2 contracts

Samples: Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

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 9.02 or 8.03 9.03 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 Issuer’s and the Guarantors’ Issuers' obligations under this First Supplemental Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 9.03 hereof 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 9.03 hereof, as the case may be; provided provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 2 contracts

Samples: Metricom Inc / De, Metricom Finance 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 Issuer’s and the Guarantors’ 's obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided PROVIDED, HOWEVER, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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: Management Agreement (International Specialty Products Inc /New/), Restaurant Co

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States money or U.S. dollars or 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer makes make any payment of principal of, premium, if any, premium or interest on on, any Note following the reinstatement of its obligations, the Issuer shall will be subrogated to the rights of the Holders of such the Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.

Appears in 2 contracts

Samples: Yum Brands Inc, Yum Brands Inc

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars pound sterling or UK Government Securities Obligations denominated in pound sterling in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of 136 any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the IssuerCompany’s and the Guarantors’ Company’s obligations under this Indenture and the Notes and the Guarantees 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 hereof8.03, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer shall Company 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 2 contracts

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or Government Securities 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the Guarantees 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 in accordance with Section 8.02 8.04 or 8.03 hereof8.05, as the case may be; provided that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer 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 2 contracts

Samples: Indenture (Zayo Group LLC), Indenture (Tops Holding Ii 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 Issuer’s Company's and the Guarantors’ each Guarantor's obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, interest or interest Liquidated Damages on any Note following the reinstatement of its obligations, the Issuer 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 (Advance Paradigm Inc), Advancepcs Research 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 Issuer’s Company's and the Guarantors’ each Guarantor's obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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: Southwest General Hospital Lp, Southridge Plaza Holdings Inc

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars money or 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 Issuer’s and obligations of the Guarantors’ obligations Issuers under this Indenture and the Notes and the Guarantees 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 provided, ----- ----- however, that, if the 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 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 2 contracts

Samples: Supplemental Indenture (Lyondell Chemical Co), Supplemental Indenture (Equistar Chemicals 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest Interest on any Note following the reinstatement of its obligations, the Issuer Issuer, as applicable, 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 (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)

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 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 Issuer’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Guarantees related Note Guarantees, if any, 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 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest interest, if any, on any Note such Notes following the reinstatement of its obligations, the 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 Agentpaying agent.

Appears in 1 contract

Samples: Iron Mountain 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 8.02, 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 Issuer’s and the Guarantors’ ACC's obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 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 8.02, 8.03 or 8.03 8.04 hereof, as the case may be; provided provided, however, that, if the Issuer ACC makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer ACC 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 1 contract

Samples: Allbritton Communications Co

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or U.S. 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 of judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Issuer’s and obligations of the Guarantors’ obligations Issuers 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 provided, however, that, if either of the Issuer Issuers makes any payment of principal of, premium, if any, or interest on with respect to any Note following the reinstatement of its obligations, the Issuer 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 1 contract

Samples: Indenture (Listerhill Total Maintenance Center LLC)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on on, any Note following the reinstatement of its obligations, the Issuer shall Company 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 1 contract

Samples: Liberty Global 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 hereofSections 11.01 and 11.02, 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 Issuer’s Company's and the Guarantors’ any Guarantor's obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 Sections 11.01 and 11.02 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 Sections 11.01 and 11.02 hereof, as the case may be; provided that, if the Issuer Company makes any payment of principal of, premiumpremium on, if any, or interest or Liquidated Damages, if any, on any Note following the reinstatement of its obligations, the Issuer 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 1 contract

Samples: Registration Rights Agreement (Greenbrier Companies Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities non-callable 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 Issuer’s and obligations of the Guarantors’ obligations Issuers under this 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 provided, however, that, if the Issuer Issuers makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer 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 1 contract

Samples: APT Sunshine State 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 Issuer’s and the Guarantors’ 's obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided PROVIDED, HOWEVER, that, if the Issuer 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 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 1 contract

Samples: Decrane Holdings Co

Reinstatement. If the Trustee or Paying Agent paying agent is unable to apply any United States dollars money or 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 Issuer’s and the Guarantors’ Company's obligations under this Indenture and the 2006 Notes and or 2009 Notes, as the Guarantees case may be, 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 provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any 2006 Note or 2009 Note, as the case may be, following the reinstatement of its obligations, the Issuer Company shall be subrogated to the rights of the Holders of such Notes 2006 Note or 2009 Note, as the case may be, to receive such payment from the money amounts held by the Trustee or Paying Agentpaying agent.

Appears in 1 contract

Samples: Indenture (Usec Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or noncallable 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 Issuer’s and the Guarantors’ 's obligations under this 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 by such court or governmental authority 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 provided, however, that, if the Issuer makes any payment of principal of, premium, if any, Liquidated Damages, if any, or interest on any Note following the reinstatement of its obligations, the 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 1 contract

Samples: Cott Corp /Cn/

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States U.S. dollars or U.S. Government Securities Obligations denominated in U.S. dollars 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 IssuerCompany’s and the Guarantors’ Company’s obligations under this Indenture and the Notes and the Guarantees 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 hereof8.03, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the Issuer shall Company 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 1 contract

Samples: Additional Intercreditor Agreement (Encore Capital Group Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities money in accordance with Section 8.02 or 8.03 hereof, 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 Issuer’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, on, or interest on on, any Note following the reinstatement of its their obligations, the Issuer shall Issuers 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 1 contract

Samples: Indenture (Exterran 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 SECTION 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 Issuer’s and obligations of the Guarantors’ obligations Issuer under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 SECTION 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 SECTION 8.2 or 8.03 8.3 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 1 contract

Samples: Indenture (Moog 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 Issuer’s and the Guarantors’ Company's obligations under this Indenture and the First Mortgage Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, or interest on any First Mortgage Note following the reinstatement of its obligations, the Issuer Company shall be subrogated to the rights of the Holders of such First Mortgage Notes to receive such payment from the money held by the Trustee or Paying Agent.

Appears in 1 contract

Samples: Royster-Clark Nitrogen Realty LLC

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities money in accordance with Section 8.02 or 8.03 hereof, 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 IssuerCompany’s and the Guarantors’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer Company makes any payment of principal of, premium, if any, on, or interest on on, any Note following the reinstatement of its their obligations, the Issuer shall Company 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 1 contract

Samples: Supplemental Indenture (Enerflex 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 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 76 otherwise prohibiting such application, then the Issuer’s and the GuarantorsIssuers’ obligations under this 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 by such court or governmental authority 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, Additional Interest, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer 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 1 contract

Samples: Indenture (Mobile Storage 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 hereofSections 11.01 and 11.02, 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 IssuerCompany’s and the Guarantors’ any Guarantor’s obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof Sections 11.01 and 11.02 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 hereofSections 11.01 and 11.02 , as the case may be; provided that, if the Issuer Company makes any payment of principal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note following the reinstatement of its obligations, the Issuer 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 1 contract

Samples: Supplemental Indenture (Unifi 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 Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premiumpremium or Additional Amounts, if any, or interest on any Note following the reinstatement of its obligations, the 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 1 contract

Samples: TransDigm Group INC

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars Dollars or U.S. 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its their obligations, the Issuer 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 1 contract

Samples: Indenture (Cedar Fair L P)

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 8.04 or 8.03 8.05 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 Issuer’s and the GuarantorsIssuers’ obligations under this Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.04 or 8.03 8.05 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.04 or 8.03 8.05 hereof, as the case may be; provided provided, however, that, if the Issuer makes Issuers make any payment of principal of, premium, if any, or interest or Additional Interest, if any, on any Note following the reinstatement of its their obligations, the Issuer 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 1 contract

Samples: Indenture (Nexstar Broadcasting Group Inc)

Reinstatement. If the Trustee or Paying Agent is unable to apply any United States dollars or Government Securities in accordance with Section 8.02 8.04 or 8.03 8.05 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 Issuer’s and the Guarantors’ obligations under this Thirty-Sixth Supplemental Indenture and the Notes and the Guarantees shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.04 or 8.03 8.05 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.04 or 8.03 8.05 hereof, as the case may be; provided that, if the Issuer makes any payment of principal of, premium, if any, premium or interest on any Note following the reinstatement of its obligations, the 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 1 contract

Samples: HCA Healthcare, 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 Issuer’s Issuers’ and the Guarantors’ obligations hereunder and under this Indenture and the Notes and the Note Guarantees 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 provided, however, that, if the Issuer makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on interest, if any, on, any Note following the reinstatement of its obligations, the Issuer shall Issuers 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 1 contract

Samples: Supplemental Indenture (Oasis Midstream 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, ASIA 33616188 68 restraining or otherwise prohibiting such application, then the Issuer’s and the Guarantors’ obligations under this Indenture and the Notes and the 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 hereof, as the case may be; provided provided, however, that, if the Issuer makes any payment of principal of, premium, if any, or interest on any Note following the reinstatement of its obligations, the 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 1 contract

Samples: Indenture (Wynn Resorts LTD)

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