Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 28 contracts
Samples: Intercreditor Agreement (Angiotech America, Inc.), Indenture (Calpine Corp), Indenture (Calpine Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the 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 22 contracts
Samples: Indenture (Forestar Group Inc.), Indenture (Radio One, Inc.), Indenture (Teleflex Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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 14 contracts
Samples: Indenture (I/O Marine Systems, Inc.), Indenture (Carmike Cinemas Inc), Indenture (Multiband Field Services Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees 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, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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 14 contracts
Samples: Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company 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 13 contracts
Samples: Indenture (CVR Energy Inc), Indenture (Sitio Royalties Corp.), Indenture (Parsley Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the 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 13 contracts
Samples: Indenture (Dycom Industries Inc), Indenture (Surgical Specialties UK Holdings LTD), Supplemental Indenture (Mueller Water Products, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, interest or interest Special Interest, if any, on, any Note following the reinstatement of its obligations, the 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 12 contracts
Samples: Indenture (Hecla Mining Co/De/), Indenture (Energy Partners LTD), Indenture (Carmike Cinemas Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the 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 12 contracts
Samples: Indenture (Harry & David Holdings, Inc.), Indenture (Innophos, Inc.), Indenture (Vector Group LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 12 contracts
Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities 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 Company’s and the Guarantors’ obligations under this Indenture Indenture, the Notes, and the Notes and the Note Guarantees 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, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 12 contracts
Samples: Registration Rights Agreement (Cleveland-Cliffs Inc.), Indenture (Cliffs Natural Resources Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 11 contracts
Samples: Indenture (Carvana Co.), Indenture (Carvana Co.), Intercreditor Agreement (Carvana Co.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Special Interest, if any, or interest on, any Note following the reinstatement of its obligations, the 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 11 contracts
Samples: Indenture (Global Crossing LTD), Indenture (Advanced Audio Concepts, LTD), Indenture (Titan International Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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 10 contracts
Samples: Indenture (Metaldyne Corp), Trico Marine Services (Trico Marine Services Inc), Indenture (Er Acquisition Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the 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 10 contracts
Samples: Supplemental Indenture (Callon Petroleum Co), Indenture (Lonestar Resources US Inc.), Supplemental Indenture (Extraction Oil & Gas, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this the Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will 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 10 contracts
Samples: Indenture (NRG Energy, Inc.), Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the 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 9 contracts
Samples: Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp), Indenture (RathGibson Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company Issuers 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 9 contracts
Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp), Indenture (Antero Midstream Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Supplemental Indenture and the Notes and the Note Guarantees 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, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 8 contracts
Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Trust of America Holdings, LP
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 8 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Additional Amounts, if any, on, any Note following the reinstatement of its obligations, the 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 8 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 8 contracts
Samples: Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 8 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 U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (Clearway Energy, Inc.), Indenture (NRG Yield, Inc.), Indenture (NRG Yield, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 7 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 SECTIONS 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 Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 SECTIONS 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 SECTIONS 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 7 contracts
Samples: Indenture (Broader Media Holdings, LLC), Indenture (Broader Media, LLC), Indenture (iHeartMedia, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company Issuer 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: Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc), Indenture (VERRA MOBILITY Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company Issuer makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers or any Guarantor make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 7 contracts
Samples: Indenture (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the 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 7 contracts
Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Intercreditor Agreement (Sabre Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, or interest and Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 6 contracts
Samples: Indenture (Avis Budget Group, Inc.), Supplemental Indenture (IAA Spinco Inc.), Indenture (Avis Budget Group, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Additional Interest, if any, on, any Note following the reinstatement of its obligations, the 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 6 contracts
Samples: Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.), Indenture (Acadia Healthcare Company, Inc.)
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 6 contracts
Samples: Indenture (CGG Holding B.V.), Indenture (CGG), Supplemental Indenture (CGG Marine B.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 5 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or Section 8.03 hereofof this Indenture, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof of this Indenture 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 hereofof this Indenture, as the case may be; provided, however, provided that, if the Company makes any payment of principal ofprincipal, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will any Guarantor’s obligations under this Indenture and its Subsidiary Guarantee shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes has made any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Cinemark Holdings, Inc.), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)
Reinstatement. If the Trustee or Paying Agent paying agent is unable to apply any Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the GuarantorsIssuers’ obligations under this the Indenture and the Notes and the Note Subsidiary Guarantors’ obligations under the Guarantees will 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 paying agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on, on any Note following the reinstatement of its their obligations, the Company will 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 Agentpaying agent.
Appears in 5 contracts
Samples: Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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 5 contracts
Samples: Supplemental Indenture (Broder Bros Co), Supplemental Indenture (Metropcs California/Florida Inc), Supplemental Indenture (Denton Telecom Holdings I, L.L.C.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 5 contracts
Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Indenture (Thor Industries Inc), Indenture (21st Century Oncology Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantorsany applicable guarantors’ obligations under this Indenture and the applicable Notes and the Note Guarantees guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 (Bally's Corp), Indenture (TimkenSteel Corp), Great Elm Group, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium or interest (including Additional Amounts, if any, or interest ) on, any Note following the reinstatement of its obligations, the Company 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 5 contracts
Samples: Indenture (Restaurant Brands International Inc.), Indenture (New Red Canada Partnership), Indenture (Restaurant Brands International Limited Partnership)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations hereunder and under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Special Interest, if any, on, any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, on any Note Notes following the reinstatement of its their obligations, the Company will Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s obligations of the Company and the Guarantors’ obligations Subsidiary Guarantors under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, Section 8.3 or 8.03 hereof Section 8.8 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (SYNAPTICS Inc), Indenture (Group 1 Automotive Inc), Indenture (Unisys Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: First Supplemental Indenture (Jarden Corp), Alltrista Corp, NRG Energy Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. 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 Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers' and the Guarantors’ ' obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees 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, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium or Special Interest, if any, or interest on, on any Note following the reinstatement of its their obligations, the Company Issuers will be subrogated to the rights of the Holders Holder of such Notes Note to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Calpine Corp, Calpine Corp, Delta Energy Center, LLC
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will 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 (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, or premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 4 contracts
Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Reinstatement. If the Trustee or Paying Agent is unable to apply any Dollars or U.S. dollars or non-callable 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 CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes Notes, the Guarantees and the Note Guarantees will Security Documents shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Iqvia Holdings Inc.), Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.)
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 4 contracts
Samples: Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Special Interest, if any, or interest on, any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: Amscan Holdings Inc, Titan Distribution, Inc, Stanadyne Corp
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company Issuer 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.. ARTICLE NINE AMENDMENTS, SUPPLEMENTS AND WAIVERS
Appears in 4 contracts
Samples: First Supplemental Indenture (Corrections Corp of America), Second Supplemental Indenture (CoreCivic, Inc.), Supplemental Indenture (Corrections Corp of America)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, on any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: Indenture (Icon Health & Fitness Inc), Indenture (Block Communications Inc), Indenture (Icon Health & Fitness Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations hereunder and under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the 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 4 contracts
Samples: Indenture (Viper Energy Partners LP), Indenture (Viper Energy Partners LP), Supplemental Indenture (Oasis Petroleum Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSections 10.01 and 10.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 Sections 10.01 and 10.02 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 10.01 and 10.02 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest onor Additional Interest, if any, on any Note following the reinstatement of its obligations, the Company will 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 (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Indenture (Sba Communications Corp)
Reinstatement. If (i) the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities money in accordance with Section 8.02 or 8.03 hereof, as the case may be, hereof by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such applicationapplication and (ii) the Holders of at least a majority in principal amount of the then outstanding Notes so request by written notice to the Trustee, then the Company’s and the Guarantors’ 's obligations under this Indenture and the Notes and the Note Guarantees will 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 8.03 hereof or 8.03 hereof, as the case may besuch request is revoked by such Holders; provided, however, that, that if the Company makes any payment of interest on or principal of, premium, if any, or interest on, of any Note following the reinstatement of its obligations, the Company will 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 (NTL Inc /De/), Indenture (NTL Communications Corp), Indenture (NTL Communications Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 7.02 or 8.03 7.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Supplemental Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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: Supplemental Indenture (Metropcs Communications Inc), First Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will 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, however, that, if the Company makes any payment of principal of, premiumPrepayment Premium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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: Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Indenture (Nuverra Environmental Solutions, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Special Interest, if any, on, any Note following the reinstatement of its obligations, the 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: Indenture (Teleflex Inc), Indenture (Icahn Enterprises Holdings L.P.), Security and Control Agreement (Icahn Enterprises Holdings L.P.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or Accreted Value of or premium or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the 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: Supplemental Indenture (Polaner Inc), Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company 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 (Cca Properties of America LLC), Corrections Corp of America, Om Group Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the related Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note the Notes following the reinstatement of its obligations, the 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: Indenture (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 3 contracts
Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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: Haights Cross Communications Inc, American Real Estate Partners L P, Stratosphere Leasing, LLC
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 Section 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 Section 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 Section 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 3 contracts
Samples: Indenture (loanDepot, Inc.), Indenture (TripAdvisor, Inc.), loanDepot, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 11.02 or 8.03 11.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium , if any, or interest on, any Note following the reinstatement of its obligations, the Company 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: Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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: Indenture (Neomarkers Inc), Indenture (GXS Corp), Indenture (Hughes Supply Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, or interest or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 3 contracts
Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Churchill Downs Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.), Supplemental Indenture (Herbalife Nutrition Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the 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: Foundation Coal Holdings, Inc., Dresser-Rand Group Inc., Dresser-Rand Group Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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 or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 3 contracts
Samples: Passu Intercreditor Agreement (CPI Card Group Inc.), Joinder Agreement (Macy's, Inc.), Moneygram International Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars money or non-callable Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be, by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.01, 8.02 or 8.03 hereof 8.03, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes has made any payment of principal of, premium, if any, or interest on, on any Note following Notes because of the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (TFM Sa De Cv), Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSections 10.01 and 10.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ 's obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 Sections 10.01 and 10.02 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 10.01 and 10.02 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest onor Additional Interest, if any, on any Note following the reinstatement of its obligations, the Company will 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: Registration Rights Agreement (Sierra Pacific Resources /Nv/), Indenture (Cinemark Inc), Parker Drilling Co /De/
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated subrogate d 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 (Bonanza Creek Energy, Inc.), Indenture (Civitas Resources, Inc.), Supplemental Indenture (Civitas Resources, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 11.02 or 8.03 11.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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: Third Supplemental Indenture (Regency Energy Partners LP), Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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 (Sensata Technologies Holding N.V.), Sensata Technologies Holding PLC, Sensata Technologies Holding PLC
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees 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; providedPROVIDED, howeverHOWEVER, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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: Tsi Finance Inc, Apcoa Standard Parking Inc /De/, Ap Holdings Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company 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: Paying Agent (MTS Systems Corp), Indenture (Emergent BioSolutions Inc.), Supplemental Indenture (W&t Offshore Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations Obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligationsObligations, the 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: Indenture (Appvion, Inc.), Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations Obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligationsObligations, the 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: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.), backend.otcmarkets.com
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ each Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note Notes following the reinstatement of its obligations, the Company will 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 (Emdeon Inc.), Indenture (Team Health Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal ofprincipal, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. 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 CompanyIssuer’s and the Guarantors’ obligations under this Indenture Indenture, the Notes, the Guarantees and the Notes and the Note Guarantees will 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, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (West Corp), Indenture (Michaels Companies, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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: Monitoring and Oversight Agreement (Viasystems Inc), Supplemental Indenture (Viasystems Group Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees 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, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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: Sabra Health Care REIT, Inc., Care Capital Properties, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 14.02 or 8.03 hereof14.03, 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 CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 14.02 or 8.03 hereof 14.03 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 14.02 or 8.03 hereof14.03, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer 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 (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities government securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Operating Partnership makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company Operating Partnership 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 (QualityTech, LP), Indenture (QualityTech, LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and Issuers' obligations (as well as the obligations of the Guarantors’ obligations ) under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Consoltex Inc/ Ca), Indenture (Consoltex Usa Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees Guaranties will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the 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: Letter Agreement (Casino One Corp), Letter Agreement (Pinnacle Entertainment Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2, 8.3 or 8.03 hereof8.8, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s obligations of the Company and the Guarantors’ obligations Subsidiary Guarantors under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, 8.3 or 8.03 hereof 8.8 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 hereof8.8, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Cars.com Inc.), Indenture (Playtika Holding Corp.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any Dollars or U.S. dollars or non-callable 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 CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will 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 (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the any Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Indenture Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of aggregate principal amount of, premiumpremium and Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the 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: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Supplemental Indenture (Xm Satellite Radio Holdings Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. 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 CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company Issuer 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.. ARTICLE NINE
Appears in 2 contracts
Samples: Supplemental Indenture (CoreCivic, Inc.), Supplemental Indenture (CoreCivic, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company 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 (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 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 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the 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: Supplemental Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
