Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 10 contracts
Samples: Indenture (Stratos Funding, LP), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Fourth Supplemental Indenture (Lear Corp), Third Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex Inc/De)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Any money and U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, premium or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash money and securitiesU.S. Government Obligations, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Senior Indenture (Navigators Group Inc), Senior Indenture (Harleysville Group Inc), Rli Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 9 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex Inc/De)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Amounts, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Amounts, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 8 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Centene Corp), Assignment and Assumption Agreement (Homer City Generation, L.P.), Indenture (Centene Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Videotron Ltee), Subordination Agreement (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal (national THE WALL STREET JOURNAL National edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 7 contracts
Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 7 contracts
Samples: Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Quebecor Media Inc), Indenture (Videotron Ltee)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 6 contracts
Samples: Lear Corp, Delphi Automotive PLC, Pilgrims Pride Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 6 contracts
Samples: Indenture (CSK Auto Corp), RFS Partnership Lp, RFS Hotel Investors Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 6 contracts
Samples: Indenture (Scotts Miracle-Gro Co), Scotts Miracle-Gro Co, Scotts Miracle-Gro Co
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or and interest on on, if any, any Note Securities of such Series and remaining unclaimed for two years after such principal, premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Securities of such Series will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 6 contracts
Samples: Indenture (Anglo-Suisse Offshore Pipeline Partners, LLC), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Supplemental Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Holdings, Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 5 contracts
Samples: Worldcom Inc, Worldcom Inc, Armstrong World Industries Inc
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Trico Marine Services (Trico Marine Services Inc), Trico Marine Services (Trico Marine Services Inc), Assumption Agreement (Front Range Himalaya Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note Notes subject to a Legal Defeasance or a Covenant Defeasance and remaining unclaimed for two years after such principal, and premium, if any, or interest has interest, if any, have become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder Holders of such Notes shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Issuers cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Compressco Partners, L.P.), Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)
Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Supplemental Indenture (Boyd Gaming Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Worldcom Inc, Worldcom Inc, Armstrong World Industries Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest and Liquidated Damages on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 5 contracts
Samples: Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or and interest on on, if any, any Note Securities of any Series so affected and remaining unclaimed for two years after such principal, premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Securities of such Series will thereafter, as an unsecured creditor, be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: United Musical Instruments Usa Inc, Mikohn (Mikohn Gaming Corp), Orbital Sciences Corp /De/
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note Debt Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: MOB Corp, MOB Corp, Calgon Carbon Corporation
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee trustees thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Charles River Laboratories Inc), Formica Corp
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, Reduced Principal Amount of or premium or interest on any Note and remaining unclaimed for two years after such principalReduced Principal Amount, premium, if any, premium or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 4 contracts
Samples: Sixth Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years (or such shorter period of time for return of such monies to the Company under applicable abandoned property laws) after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, PROVIDED that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times THE NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Paramount Resources LTD), Paramount Resources LTD, Paramount Resources LTD
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two three years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Citizens Communications Co), Citizens Communications Co, Citizens Communications Co
Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money or property then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Supplemental Indenture (WillScot Corp), Guarantee (Tembec Industries Inc), Chetwynd Pulp Land Co Ltd.
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two three years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Quebecor Media Inc), Indenture (Videotron Ltee), Indenture (Quebecor Media Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash Any money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for the earlier of (i) two years after such principal, premium, if any, or interest has become due and payable and (ii) such time as the money or property escheats to the state, shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Indenture (Plantronics Inc /Ca/)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages or interest has become due and payable shall shall, subject to applicable escheat law, be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company or Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Cenveo, Inc, Definitions And (Mail Well Inc), Mail Well Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may (but shall not be obligated to) at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Priority Intercreditor Agreement (Trump Indiana Inc), Security Agreement and Fixture Filing (Trump Indiana Inc), Indenture (Raceland Truck Plaza & Casino LLC)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/
Repayment to Company. Subject to any applicable laws relating to abandoned propertyunclaimed property law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium (including the Applicable Premium), if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium (including the Applicable Premium), if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money or Government Securities, and all liability of the Company as trustee Trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The the New York Times and or The Wall Street Journal (national edition)Journal, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Horizon PCS Inc), Ipcs Inc, Ubiquitel Inc
Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Additional Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Revlon Consumer Products Corp), Indenture (Harland Financial Solutions, Inc.), Revlon Consumer Products Corp
Repayment to Company. Subject to any applicable laws relating to abandoned propertyunclaimed property law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Note will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money or Government Securities, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and or The Wall Street Journal (national edition)Journal, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services LLC), Indenture (Forbes Energy Services Ltd.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: Hanger Orthopedic Group Inc, Gallipolis Care LLC, Villa Pines Care LLC
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 3 contracts
Samples: Indenture (Beverly Enterprises Distribution Services Inc), Indenture (Beverly Enterprises Inc), Indenture (Rehabilitation Associates of Lafayette Inc)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note Security and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 3 contracts
Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, interest or interest liquidated damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal (national THE WALL STREET JOURNAL National edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any cash excess money or non-callable Government Securities held with respect to the Notes at such time in excess of amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Special Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Simmons Co /Ga/, Simmons Co
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of or premium, premiuminterest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bristow Group Inc), Indenture (Medic Systems Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note of any Series and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, once in The New York Times and The Wall Street Journal (national edition), an Authorized Newspaper notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such cash and securities money or property then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Williams Scotsman (WillScot Mobile Mini Holdings Corp.), Indenture (Target Hospitality Corp.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Cincinnati Bell Inc), Indenture (CyrusOne Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Prestige Brands Holdings, Inc.), Aviall Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), ) notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.
Appears in 2 contracts
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security which is not subject to the last paragraph of Section 8.5 and remaining has remained unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Securities shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Chesapeake Gas Development Corp, Chesapeake Gas Development Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the written request and at the expense of the Company Issuers, cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest and Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Gulfmark Offshore Inc), Northern Border Pipeline Co
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the written request and at the expense of the Company Issuers, cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall shall, subject to any applicable abandoned property laws, be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Bristow Group Inc), Indenture (Bristow Group Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest or Additional Interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the reasonable expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Delta Mills Inc), Delta Woodside Industries Inc /Sc/
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the -------------------- Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premiumpremium and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such -------- ------- Paying Agent, before being required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, in The New York Times and The the Wall Street Journal ------------------- (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Harborside Healthcare Corp, Sailors Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, on, or interest on on, any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request (unless an abandoned property law designates another Person) or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (Mariner Energy Inc), Indenture (Venoco, Inc.)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Ocean Energy Inc), Ocean Energy Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (CyrusOne Inc.), Supplemental Indenture (CyrusOne Inc.)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalaggregate principal amount of, premiumpremium or Liquidated Damages, if any, or interest on on, any Note and remaining unclaimed for two years after such principalaggregate principal amount, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall will be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may will at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Supplemental Indenture (Xm Satellite Radio Holdings Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertySection 8.07, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, interest or interest Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and or The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the CompanyCompany or as required by applicable abandoned property law.
Appears in 2 contracts
Samples: Supplemental Indenture (Affinity Guest Services, LLC), Intercreditor Agreement (Thermon Holding Corp.)
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note Security pursuant to Section 14.01 and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Additional Amounts, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumpremium and Additional Amounts, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 2 contracts
Samples: Indenture (Microdyne Corp), Indenture (Eer Systems Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 2 contracts
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security which is not subject to the last paragraph of Section 8.05 and remaining has remained unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Securities shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Chesapeake Energy Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiuminterest, on Liquidated Damages, and other premiums, if any, or interest on any Senior Subordinated Note and remaining unclaimed for two years after such principal, premiuminterest, Liquidated Damages, and other premiums, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Senior Subordinated Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Fonda Group Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premiumpremium and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Company, cause to be published once, in The the New York Times (national edition) and The the Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Supplemental Indenture (Werner Holding Co Inc /Pa/)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal amount or Accreted Value, as applicable, of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, amount or Accreted Value, as applicable, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Sealy Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying AgentAgent pursuant to Section 8.04, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Loan Fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, Loan Fees, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, the City of New York Times and The Wall Street Journal (national edition)York, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the 57 date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Criimi Mae Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyAny money, any cash or non-callable Government Securities or Common Stock deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if anyprincipal of, or interest on or Redemption Consideration or conversion payment with respect to any Note and remaining unclaimed for two years after such principal, premium, if any, principal or interest or Redemption Consideration or conversion payment has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash trust money and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and money or securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and money or securities then remaining shall will be repaid or returned to the Company.
Appears in 1 contract
Samples: Timco Engine Center Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying AgentAgent pursuant to Section 8.04, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Loan Fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, Loan Fees, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The a newspaper published in the English language, customarily published on each Business Day and of general circulation in the Borough of Manhattan, the City of New York Times and The Wall Street Journal (national edition)York, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Criimi Mae Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned propertyabandonment laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, Additional Interest, if any, duration fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, Additional Interest, if any, duration fees or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Parker Drilling Co /De/
Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Pumpkin Air Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Ceridian Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Centene Corp)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times THE NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Medvest Holdings Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tesoro Petroleum Co Inc)
Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company. ARTICLE 11.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, and premium, interest and Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, interest and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times (national edition) and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: O Ray Holdings Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any 2006 Note or 2009 Note, as the case may be, and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such 2006 Note or 2009 Note, as the case may be, shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Usec Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, interest or interest on Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may (but shall not be obligated) at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Hillman Companies Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company..
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, interest and Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, interest and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Management Agreement (Dutchess County Cellular Telephone Co Inc)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and or The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.
Appears in 1 contract
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, principal of and premium, if any, interest or interest Special Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, 56 63 interest or interest Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: All American Communications Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or any mandatory sinking fund payments on any Note Security of a Series and remaining unclaimed for two years after such principal, and premium, if any, or interest or sinking fund payment has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Windmere Durable Holdings Inc
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying 77 Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Tesoro Alaska Co)
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Any money and U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, premium or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash money and securitiesU.S. Government Obligations, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.. 43
Appears in 1 contract
Samples: Rli Corp
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-non- callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two three (3) years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.
Appears in 1 contract
Samples: Trust Indenture
Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.
Appears in 1 contract
Samples: Indenture (Quail Usa LLC)
