Common use of Repayment to Company Clause in Contracts

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 10 contracts

Samples: Indenture (CGG), Indenture (CGG), Supplemental Indenture (CGG Marine B.V.)

AutoNDA by SimpleDocs

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Additional Amounts, if any, on, any Note Security of any series and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Additional Amounts, if any, 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 such 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 8 contracts

Samples: Indenture (Computer Sciences Corp), Indenture (Mariner Gulf of Mexico LLC), Indenture (Dr Pepper Snapple Group, Inc.)

Repayment to Company. Subject to applicable escheat The Trustee and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested promptly notify the Company of, and without liability for interest), or then held by pay to the Company upon the request of the Company, in trust any excess money held by them at any time. The Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any money that has been held by it and has, for a period of two (2) years, remained unclaimed for the payment of the principal of, premiumor any accrued and unpaid interest on, if anythe Securities. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principal of, or any accrued and unpaid interest on any Note and remaining on, the Securities that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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 no event later than five (5) days after the Company requests repayment) once in a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Holders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 6 contracts

Samples: Note Purchase Agreement (Broadcom Cayman L.P.), Indenture (Avago Technologies LTD), Indenture (Avago Technologies LTD)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Additional Interest, if any, on, any Note and remaining unclaimed for two years one year 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 (unless an abandoned property law designates another Person) 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 6 contracts

Samples: Indenture (DENVER PARENT Corp), Supplemental Indenture (Venoco, Inc.), TexCal Energy (LP) LLC

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, whether pursuant to this Article Eight or otherwise, in trust for the payment of the principal of, premium, if any, and any premium and interest on on, or redemption price or mandatory sinking fund payment on, any Note and remaining Security which has remained unclaimed for two years after such principal, principal and premium, if any, any premium 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 of such Note 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 6 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash 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 money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 5 contracts

Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 4 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 4 contracts

Samples: Supplemental Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Usa Inc /Tx), Supplemental Indenture (Cinemark Holdings, Inc.)

Repayment to Company. Subject After the Securities have been paid in full, the Trustee and the Paying Agent shall promptly turn over to applicable escheat and abandoned property laws, the Company any excess money or securities held by them. Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, and interest on on, if any, any Note Securities of such Series and remaining unclaimed for two years after such principal, and 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 of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 4 contracts

Samples: Indenture (Gray Television Licensee, LLC), Indenture (WVLT-TV, Inc.), Indenture (WVLT-TV, Inc.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, or premium, if any, and interest on interest, if any, or Additional Amounts, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, interest, if any, or interest Additional Amounts, 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 of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 4 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash 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 money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: S&c Resale Co, S&c Resale Co, S&c Holdco 3 Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, on, and 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 will, unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will unless otherwise required by mandatory provisions of applicable escheat, or abandoned or unclaimed property law, be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Indenture (Oasis Petroleum Inc.), Supplemental Indenture (Extraction Oil & Gas, Inc.), Supplemental Indenture (Extraction Oil & Gas, Inc.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest or Special Interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: S&c Resale Co, S&c Holdco 3 Inc, S&c Resale Co

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash and securities, and all liability of the Company as trustee thereof, shall 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 and The Wall Street Journal (national edition), notice that such money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.), Supplemental Indenture (Unifi Inc), K&f Industries Inc

Repayment to Company. Subject to applicable escheat Any money and abandoned property laws, any money Cash Equivalents deposited with the Trustee Fiscal Agent or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyCompany or any of its Subsidiaries, in trust for the payment of the principal of, or premium, if any, and 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 CompanyCompany or any of its Subsidiaries) shall be discharged from such trust; and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee Fiscal Agent or such Paying Agent with respect to such trust moneymoney and Cash Equivalents, and all liability of the Company or any of its Subsidiaries or Affiliates as trustee fiscal agent thereof, shall thereupon cease; provided, however, that the Trustee Fiscal Agent 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 Times, The Wall Street Journal (national edition)) and such foreign publication as may be required by applicable law, notice that such money and Cash Equivalents 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 money and Cash Equivalents then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Fiscal Agency Agreement (Symetra Financial CORP), Fiscal Agency Agreement (Symetra Financial CORP), Fiscal Agency Agreement (Symetra Financial CORP)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe 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 U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Indenture (Centene Corp), Indenture (Centene Corp), Indenture (Centene Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest on or interest, including Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, including 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Tousa Delaware Inc, Rent Way Inc, Technical Olympic Usa Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyCompany or any of its Subsidiaries or Affiliates, in trust for the payment of the principal of, or premium, if any, and or interest on on, any Note and remaining 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 CompanyCompany or any of its Subsidiaries or Affiliates) 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 trust money, and all liability of the Company or any of its Subsidiaries or Affiliates 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Indenture (Cinemark Inc), Cinemark Usa Inc /Tx, Cinemark Usa Inc /Tx

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Senior Subordinated Note Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on any Senior Subordinated 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 Senior Subordinated Note shall thereafter, as an unsecured general a secured creditor, look only to the Company for payment thereof, and all liability of the Senior Subordinated Note Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee Senior Subordinated Note Trustee thereof, shall thereupon cease; provided, however, that the Senior Subordinated Note 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Ball Corp, Ball Corp, P&l Coal Holdings Corp

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, and or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, has become due and payable shall shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, 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 holder of such Note shall Security will thereafter, as an unsecured general 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 trust 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 give written notice to the holder of such Security, at such holder’s address as it appears upon the expense of the Company cause to be published onceSecurity Register, in The New York Times and The Wall Street Journal (national edition), notice that such 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 publicationnotification, any unclaimed balance of such money then remaining will will, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 3 contracts

Samples: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 general 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 trust money, and all liability of the Company as trustee trustees 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Noveon Inc), Merrill Corp

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on any Note Securities 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, 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 will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, Securities 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Paramount Resources LTD), Paramount Resources LTD

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe 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 U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Psychiatric Solutions Inc, Texas San Macros Treatment Center Lp

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three Business Days, pay to applicable escheat and abandoned property lawsthe Company after request therefor, any 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 deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, and or interest on on, any Note and remaining unclaimed for two years after such principal, and 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 of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Aeroflex Inc, Aeroflex Inc

Repayment to Company. Subject Anything in Section 8.1(b) to applicable escheat and abandoned property lawsthe contrary notwithstanding, any money deposited with the Trustee or Paying Agent, as the case may be, shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 8.1(b) which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee and to the Paying Agent, if applicable, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent termination under said Section 8.1(b). The Trustee and the Paying Agent (which money shall be held uninvested and without liability for interest), or then Pay to the Company any Payments held by the Company, in trust them for the payment of the principal ofprincipal, premiuminterest and Liquidated Damages, if any, and interest on any Note and remaining that remains unclaimed for two (2) years after the Stated Maturity of such payment of principal, and premium, if any, interest 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 thereafterLiquidated Damages, 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceasecase may be; provided, however, that the Trustee or such Paying Agent, Agent before being required to make making any such repayment, may Payment shall at the expense of the Company cause to be published once, once in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or mail to each Holder entitled to such money, notice that such money remains Payments remain unclaimed and that, after a date specified therein, therein which shall not be less than 30 at least thirty (30) days from the date of such notification publication or publicationmailing, any unclaimed balance of such money Payments then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation of the Trustee or any Paying Agent Company, Securityholders entitled to search Payments must look to the Company for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actpayment as general creditors unless an applicable abandoned property law designates another person.

Appears in 2 contracts

Samples: License Agreement (Trans World Airlines Inc /New/), Trans World Airlines Inc /New/

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Additional Amounts, if any, on, any Note Security of any series and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Additional Amounts, if any, 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 such 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 trust moneycash 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 direction and 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on on, any Note and remaining unclaimed for two years six months 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, provided that the Trustee may deduct from such unclaimed amount any costs associated with the safe-keeping thereof; 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 trust moneycash 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 money cash 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 money cash then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 After payment to the Company, Holders entitled to such money shall be deemed look to affect any obligation of the Company for payment and all liability at the Trustee or any Paying Agent with respect to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actsuch money shall cease.

Appears in 2 contracts

Samples: Hi-Tech Wealth Inc., China Natural Gas, Inc.

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe Company after request therefor, any excess money held with respect to the Notes of any Series at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes of such Series. Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note of any Series and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Centene Corp, Securities Indenture (Centene Corp)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe 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 U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash and securities, 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Prestige Brands International, Inc., Prestige Brands Holdings, Inc.

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)shares of Common Stock deposited with the Transfer Agent, or then held by the Company, in trust for the payment of the principal (including the Change of Control Repurchase Price, if applicable) of, premium, if any, accrued and unpaid interest on and the consideration due upon conversion of any Note and remaining unclaimed for two years after such principal, and premiumprincipal (including the Change of Control Repurchase Price, if anyapplicable), interest or interest consideration due upon conversion has become due and payable shall be paid to the Company on its request of the Company contained in an Officers’ Certificate, 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 Trustee, such Paying Agent or the Transfer Agent with respect to such trust moneymoney and shares of Common Stock, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or Trustee, such Paying Agent or the Transfer Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in 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 money remains and shares of Common Stock 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 money and shares of Common Stock then remaining will be repaid or delivered to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Electra Battery Materials Corp), Indenture (Electra Battery Materials Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremiums, if any, interest on, and interest on Liquidated Damages on, if any, any Subordinated Note and remaining unclaimed for two years after such principal, and premiumpremiums, if any, or interest 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 Subordinated Note shall thereafter, as an unsecured general 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Term Loan Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp

Repayment to Company. Subject to applicable escheat The Trustee and abandoned property laws, any money deposited with the Trustee or any each Paying Agent shall promptly pay or deliver, as the case may be, to the Company upon request any excess money, Common Stock or other consideration (which money shall be held uninvested x) paid or delivered to them pursuant to Section 8.01 and without liability for interest), or then (y) held by them at any time. The Trustee and each Paying Agent shall also pay or deliver, as the Companycase may be, in trust to the Company upon request any money, Common Stock or other consideration held by them for the payment of the principal amount of (including the relevant Repurchase Price) and interest on, or the amount due in connection with any conversion of, premium, if any, and interest on any Note and remaining the Notes that remains unclaimed for two years after a right to such principalmoney, and premiumCommon Stock or other consideration has matured (which maturity shall occur, if anyfor the avoidance of doubt, on the Maturity Date, the Repurchase Date or interest has become due and payable shall be paid to the Company on its request or (if then held by date specified in the Company) shall be discharged from such trust; and the Holder third paragraph of such Note shall thereafterSection 10.02(b), 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceasecase may be); provided, however, provided that the Trustee or such Paying Agent, before being required to make any such repaymentpayment or delivery, may at the expense of the Company cause to be published oncemailed to each Holder entitled to such money, Common Stock or other consideration or publish in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition), notice that such money money, Common Stock or other consideration remains unclaimed and that, that after a date specified therein, which shall not be less than at least 30 days from the date of such notification mailing or publication, any unclaimed balance or portion of such money money, Common Stock or other consideration then remaining will be repaid or re-delivered to the Company. Nothing contained in this Section 8.07 shall be deemed After payment or delivery, as the case may be, to affect any obligation of the Trustee Company, Holders entitled to such money, Common Stock or any Paying Agent other consideration must look to search the Company for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actpayment or delivery as general creditors unless an applicable abandoned property law designates another Person.

Appears in 2 contracts

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

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or 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 Note 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 with respect to such trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

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

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any moneys or Governmental Obligations deposited with any paying agent or the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Trustee, or then held by the Company, in trust for the payment of the principal of, premium, if any, and of or premium or interest on any Note and remaining the Securities of a particular series that are not applied but remain unclaimed by the holders of such Securities for at least two years after such principal, the date upon which the principal of (and premium, if any, ) or interest has on such Securities shall have respectively become due and payable payable, shall be paid repaid to the Company on its request the last Business Day of each fiscal year of the Company, or (if then held by the Company) shall be discharged from such trust; and thereafter, the Holder paying agent and the Trustee shall be released from all further liability with respect to such moneys or Governmental Obligations, and the holder of any of the Securities entitled to receive such Note payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof. Anything in this Article XI to the contrary notwithstanding, subject to Section 7.06, the Trustee shall deliver or pay to the Company from time to time upon request by the Company any money or Governmental Obligations (or other property and any proceeds therefrom) held by it as provided in Sections 11.02 or 11.03 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as the case may be, in accordance with this Article XI. On the last business day of each fiscal year of the Company, or (if then held by the Company) shall be discharged from such trust, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actthereafter.

Appears in 2 contracts

Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp

Repayment to Company. Subject to applicable escheat The Trustee and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested promptly notify the Company of, and without liability for interest), or then held by pay to the Company upon the request of the Company, in trust any excess money held by them at any time. The Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any money that has been held by it and has, for a period of two (2) years, remained unclaimed for the payment of the principal of, or any accrued and unpaid interest on, the Securities. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principal of, premium, if any, or any accrued and unpaid interest on any Note and remaining or additional interest on, the Securities that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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 no event later than five (5) days after the Company's written request for repayment) once in a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 2 contracts

Samples: Indenture (Suntech Power Holdings Co., Ltd.), Suntech Power Holdings Co., Ltd.

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, 84 and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Prestige Brands Holdings, Inc., Prestige Brands International, Inc.

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money or U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, or premium, if any, and 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 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 trust moneymoney or U.S. Government 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 Investor’s Business Daily and The Wall Street Journal (national edition), notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 17Ad 17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Additional Interest, if any, and or interest on any Note and remaining unclaimed for two years after such principal, and 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 of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained In the absence of a written request from the Company to return unclaimed funds to the Company, the Trustee shall from time to time deliver all unclaimed funds to or as directed by applicable escheat authorities, in accordance with the customary practices and procedures of the Trustee. Any unclaimed funds held by the Trustee pursuant to this Section 8.07 8.06 shall be deemed to affect held uninvested and without any obligation of the Trustee or any Paying Agent to search liability for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actinterest.

Appears in 2 contracts

Samples: Neighborcare Inc, Genesis Healthcare Corp

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note Securities of a Series 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 of such Note 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Execution Copy (Iron Mountain Inc/Pa), Province Healthcare Co

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe 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. The Trustees shall have no duty to invest any such monies. Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on on, any Note pursuant to Section 9.01 or Section 7.04 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 The Trustee shall be deemed have no duty to affect invest any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actsuch monies.

Appears in 2 contracts

Samples: Indenture (Celestica Inc), Celestica Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumof or premium or Liquidated Damages, if any, and or interest on any Note and remaining unclaimed for two years after such principal, and premiumpremium 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 Investor's Business Daily and The Wall Street Journal (national edition), notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Ascent Energy Inc), Hornbeck Offshore Services Inc /De/

Repayment to Company. Subject The Trustee shall promptly pay to applicable escheat and abandoned property lawsthe Company, after written request therefor, any money held at such time in excess of the amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note and remaining unclaimed for two years one year 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 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Assumption Agreement (Quaker Holding Co), Decisionone Corp /De

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, any of its Subsidiaries or Parent, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, and or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or Special Interest, if any, or interest has become due and payable shall shall, subject to applicable abandoned property law, be paid to the Company on its request or (if then held by the Company, any of its Subsidiaries or Parent) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Park Ohio Holdings Corp), Park Ohio Industries Inc/Oh

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Special Interest, if any, 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 of such Note shall thereafter, as an unsecured general creditor, look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash 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 Issuers cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 2 contracts

Samples: Indenture (Tronox Inc), Tronox (Tronox Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, or premium, if any, and interest on or Liquidated Damages, if any, 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note Security shall thereafter, as an unsecured general 71 creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Michael Petroleum Corp

Repayment to Company. Subject Anything in this Article 8 to applicable escheat and abandoned property lawsthe contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any money cash or U.S. Government Obligations held by it as provided in Section 8.04 which, in the opinion of a nationally recognized firm of independent certified public accountants of recognized international standing expressed in a written certification thereof delivered to the Trustee (which may be the certification delivered under Section 8.04(a)), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. Any cash or U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and interest or interest, including Special Interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, including 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Novelis Inc.

Repayment to Company. The Trustee and the Paying Agent shall promptly notify the Company of, and pay or deliver to the Company upon the request of the Company, any excess money or property held by them at any time. Subject to applicable escheat and abandoned property lawslaw, any money deposited with the Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any Paying Agent (which money shall be held uninvested and without liability for interest), or then that has been held by the Companyit and has, in trust for a period of two (2) years, remained unclaimed for the payment of the principal of, premiumor any accrued and unpaid interest on, if anythe Securities. The Trustee and the Paying Agent shall pay or deliver to the Company upon the written request of the Company any money or property held by them for the payment of the principal of, or any accrued and unpaid interest on any Note and remaining on, the Securities that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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 no event later than five (5) days after the Company requests repayment) once in a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be sent to each Holder, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Holders entitled to the money or property must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 1 contract

Samples: Indenture (Qunar Cayman Islands Ltd.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Liquidated Damages, if any, and or interest on on, any Note and remaining unclaimed for two (2) years after such principal, and premiumpremium 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 will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust 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), mailed to each Holder entitled to such money notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

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

Repayment to Company. Subject Anything in Section 8.1(b) to applicable escheat and abandoned property lawsthe contrary notwithstanding, any money deposited with the Trustee or Paying Agent, as the case may be, shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other Property and any proceeds therefrom) held by it as provided in Section 8.1(b) which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee and to the Paying Agent, if applicable, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent termination under said Section 8.1(b). The Trustee and the Paying Agent (which money shall be held uninvested and without liability for interest), or then Pay to the Company any Payments held by the Company, in trust them for the payment of the principal of, premium, if any, and interest on any Note and remaining that remains unclaimed for two (2) 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 Stated Maturity of such Note shall thereafterpayment of principal or interest, 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceasecase may be; provided, however, that the Trustee or such Paying Agent, Agent before being required to make making any such repayment, may Payment shall at the expense of the Company cause to be published once, once in the national edition of The New York Times and or The Wall Street Journal (national edition)or, if such newspapers are not then in circulation, in a newspaper of general circulation in the City of New York and mail to each Holder entitled to such money, notice that such money remains Payments remain unclaimed and that, after a date specified therein, therein which shall not be less than 30 at least thirty (30) days from the date of such notification publication or publicationmailing, any unclaimed balance of such money Payments then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation of the Trustee or any Paying Agent Company, Securityholders entitled to search Payments must look to the Company for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actpayment as general creditors unless an applicable abandoned property law designates another person.

Appears in 1 contract

Samples: Trans World Airlines Inc /New/

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the -------------------- Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest interest, or Liquidated Damages, if any, on any Note 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 request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an a general 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 trust 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 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 money then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Just for Feet Specialty Stores Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on or Additional Amounts, if any, on, any Note and remaining unclaimed for two years after such principal, and 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 be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company and the Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash 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 money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.103

Appears in 1 contract

Samples: Indenture (Far East Energy Corp)

Repayment to Company. Subject The Trustee and the Paying Agent shall promptly notify the Company of, and pay to applicable escheat the Company upon the written request of the Company, any excess money held by them at any time. In addition, the Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any money that has been held by it and abandoned property lawshas, for a period of two (2) years, remained unclaimed for the payment of the principal of, or any accrued and unpaid interest on, the Securities. The Trustee and the Paying Agent shall pay to the Company, upon the written request of the Company, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust them for the payment of the principal of, premium, if any, or any accrued and unpaid interest on or any Note and remaining Liquidated Damages Amount on, the notes that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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, reasonably cause to be published onceonce in a newspaper of general circulation in the City of New York or cause to be mailed to each Holder, in The New York Times and The Wall Street Journal (national edition)accordance with Section 11.02, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 1 contract

Samples: Indenture (Toreador Resources Corp)

Repayment to Company. Subject to applicable escheat and laws relating to abandoned property lawsproperty, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumof or premium or interest or Additional Interest, if any, and 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 general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Jacobs Entertainment Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremiums, if any, interest on, and interest on Liquidated Damages on, if any, any Senior Discount Note and remaining unclaimed for two years after such principal, and premiumpremiums, if any, or interest 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 Senior Discount Note shall thereafter, as an unsecured general 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Sf Holdings Group Inc

Repayment to Company. Subject The Trustee and the Paying Agent shall promptly notify the Company of, and pay to applicable escheat the Company upon the written request of the Company, any excess money held by them at any time. In addition, the Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any money that has been held by it and abandoned property lawshas, for a period of two (2) years, remained unclaimed for the payment of the principal of, or any accrued and unpaid interest on, the Securities. The Trustee and the Paying Agent shall pay to the Company, upon the written request of the Company, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust them for the payment of the principal of, premium, if any, or any accrued and unpaid interest on or any Note and remaining Liquidated Damages Amount on, the notes that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; 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, reasonably cause to be published onceonce in a newspaper of general circulation in the City of New York or cause to be mailed to each Holder, in The New York Times and The Wall Street Journal (national edition)accordance with SECTION 11.02, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 1 contract

Samples: Toreador Resources Corp

Repayment to Company. Subject to applicable escheat The Trustee and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested promptly notify the Company of, and without liability for interest), or then held by pay to the Company upon the request of the Company, in trust any excess money held by them at any time. The Trustee or the Paying Agent, as the case may be, shall provide written notice to the Company of any money that has been held by it and has, for a period of two (2) years, remained unclaimed for the payment of the principal of, or any accrued and unpaid interest on, the Securities. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principal of, premium, if any, or any accrued and unpaid interest on any Note and remaining or Contingent Interest on, the notes that remains 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 Company2) 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 trust money, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may (in no event later than five (5) days after the Company requests repayment pursuant to this Section 8.03), at the expense of the Company Company, cause to be published once, once in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such 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 publication or publicationmailing, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee or any and the Paying Agent with respect to search for lost Holders pursuant such money and payment shall, subject to Rule 17Ad-17 under the Exchange Actapplicable law, cease.

Appears in 1 contract

Samples: Diodes Incorporated (Diodes Inc /Del/)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited (whether under this Article 8, Section 4.01 or any other provision of this Indenture or any of the Security Documents) with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyCompany or any of its Subsidiaries, in trust for the payment of the principal of, premium, if any, and or interest on or Additional Interest, if any, 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 CompanyCompany or any of its Subsidiaries) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company or any of its Subsidiaries 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 or The Wall Street Journal (national edition)Journal, notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (SAExploration Holdings, Inc.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Special Interest, if any, 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Mariner Energy Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or Reset Penalties, if any, or interest (including Special Interest, if any, and interest Additional Amounts, if any), if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has interest, if any, or Reset Penalties, 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 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (PLD Telekom Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyCompany or any of its Subsidiaries or Affiliates, in trust for the payment of the principal of, premium, if any, and interest on any Note and remaining unclaimed for two years after such principal, and or premium, if any, or interest on, any Note and remaining unclaimed for one year after such principal, premium, if any, interest or Liquidated Damages, if any, has become due and payable shall will be paid to the Company on its request or (if then held by the CompanyCompany or any of its Subsidiaries or Affiliates) shall will be discharged from such trust; and the Holder of such Note shall 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 trust money, and all liability of the Company or any of its Subsidiaries or Affiliates 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Tv Filme Inc)

AutoNDA by SimpleDocs

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe Company after request therefor, any excess money held with respect to the Securities at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Securities. Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note Security and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Centene Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on or Special Interest, if any, on, any 91 Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Special Interest, if any, 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Mariner Energy Resources, Inc.

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five Business Days, pay to applicable escheat and abandoned property lawsthe 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 money or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium on, if any, and interest on or Additional Interest, if any, on, any Note and remaining unclaimed for two years one year after such principal, and premium, if any, interest or interest Additional Interest, if any, 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 will be discharged from such trust; and the Holder of such Note shall will thereafter, as an unsecured general 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 trust moneymoney and 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 the New York Times and The Wall Street Journal (national edition), notice that such money and securities 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 money and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.104

Appears in 1 contract

Samples: Supplemental Indenture (Thermadyne Australia Pty Ltd.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust for the payment of the principal of, of or premium, if any, and 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Supplemental Indenture (CGG Veritas)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has (including Special Interest, if any, and 103 113 Additional Amounts, if any), 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 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (PLD Telekom Inc)

Repayment to Company. Subject The Trustee will promptly, and in any event, no later than five Business Days, pay to applicable escheat and abandoned property lawsthe Company after request therefor, any excess money held with respect to the Notes at such time (including pursuant to Article 11) 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 U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall will be paid to the Company on its request unless an abandoned property law designates another person or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Note shall 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 trust moneycash and 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 repaymentrepayment and if required by law, 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 money cash and securities 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Xerium Technologies Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and on, or interest on on, any Note and remaining 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 (unless an abandoned property law designates another Person) 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 trust moneycash and 104 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Venoco, Inc.)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash 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 money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Term Loan Agreement (Pilgrims Pride Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest on or interest, including Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, including 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will shall be repaid to the Company. Nothing contained in Any unclaimed funds held by the Indenture pursuant to this Section 8.07 8.06 or any other provision of this Indenture shall be deemed to affect uninvested and without any obligation of the Trustee or any Paying Agent to search liability for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actinterest.

Appears in 1 contract

Samples: Joint Venture Agreement (Greif Brothers Corp)

Repayment to Company. Subject The Trustee and each Paying Agent shall promptly pay to applicable escheat the Company upon request any excess money (a) deposited with them pursuant to 0 and abandoned property laws, (b) held by them at any time. The Trustee and each Paying Agent shall pay to the Company upon request any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust them for the payment of the principal of, premium, if any, and Accreted Principal Amount or interest on any Note and remaining that remains unclaimed for two years after a right to such principalmoney has matured (which maturity shall occur, and premiumfor the avoidance of doubt, if anyon the Final Maturity Date, or interest has become due and payable shall be paid to the Company on its request or Redemption Date (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 trust moneyany Securities redeemed pursuant to 0), and all liability of the Company as trustee thereof, shall thereupon ceaseRepurchase Date (with respect to any Securities purchased pursuant to 0) or the Fundamental Change Repurchase Date (with respect to any Securities repurchased pursuant to 0); provided, however, that the Trustee or such Paying Agent, before being required to make any such repaymentpayment, may at the expense of the Company cause to be published once, mailed to each Holder entitled to such money or publish in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, that after a date specified therein, which shall not be less than at least 30 days from the date of such notification mailing or publication, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed After payment to affect any obligation of the Trustee or any Paying Agent Company, Holders entitled to search money must look to the Company for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actpayment as general creditors unless an applicable abandoned property law designates another person.

Appears in 1 contract

Samples: Indenture (Arvinmeritor Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note 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 written request accompanied by an Officers' Certificate 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on 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 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 trust moneycash 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 money 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 money cash and securities then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.107

Appears in 1 contract

Samples: Pilgrims Pride Corp

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property laws, the 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 (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Medvest Holdings Corp

Repayment to Company. Subject to applicable escheat Any money and abandoned property laws, any money Ordinary Shares deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, premium, if any, any Additional Amounts and accrued and unpaid interest on and the consideration due upon exchange of any Note and remaining unclaimed for two years after such principal, principal (including the Redemption Price and premiumthe Fundamental Change Repurchase Price, if anyapplicable) of, any Additional Amounts, interest or interest consideration due upon exchange has become due and payable shall be paid to the Company on its request of the Company contained in an Officer’s Certificate, 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 trust moneymoney and Ordinary Shares, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee 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 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 money remains and Ordinary Shares 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 money and Ordinary Shares then remaining will be repaid or delivered to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Gamida Cell Ltd.)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three Business Days, pay to applicable escheat and abandoned property lawsthe Issuers after request therefor, any 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 deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyIssuers, in trust for the payment of the principal of, premiumpremium or Special Interest, if any, and or interest on on, any Note and remaining unclaimed for two years after such principal, and premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company Issuers on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company Issuers 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange ActIssuers.

Appears in 1 contract

Samples: Indenture (Services International LLC)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note Securities of a Series 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 at its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Province Healthcare Co

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 general 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 trust 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 the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Personal Care Holdings Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiuminterest, on Liquidated Damages, and other premiums, if any, and interest on any Senior Subordinated Note and remaining unclaimed for two years after such principal, interest, Liquidated Damages, and premiumother 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 general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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 Trustee's sole discretion and 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Supplemental Indenture (Plainwell Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the 91 payment of the principal of, premium, if any, and on, or interest on or Special Interest, if any, on, any Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest or Special Interest, if any, 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Mariner Energy Inc)

Repayment to Company. Subject Anything in this Article VIII to applicable escheat and abandoned property lawsthe contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any cash or U.S. Government Obligations held by it as provided in Section 8.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereto delivered to the Trustee (which may be the opinion delivered under Section 8.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest (and interest Liquidated Damages, if any) on any Note Security 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 trustrequest; and the Holder of such Note Security shall thereafter, as an unsecured general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, money 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Employee Solutions Inc

Repayment to Company. Subject to applicable escheat Any money and abandoned property laws, any money shares of Common Stock deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)paying agent, or then held by the Company, in trust for the payment of the principal (including the Redemption Price and the Fundamental Change Repurchase Price, if applicable) of, premium, if any, accrued and unpaid interest on and the consideration due upon conversion of any Note and remaining unclaimed for two years after such principal, principal (including the Redemption Price and premiumthe Fundamental Change Repurchase Price, if anyapplicable), interest or interest consideration due upon conversion has become due and payable shall be paid to the Company on its request of the Company contained in an Officer’s Certificate, 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 paying agent with respect to such trust moneymoney and shares of Common Stock, 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 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 money remains and shares of Common Stock 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 money and shares of Common Stock then remaining will be repaid or delivered to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: First Supplemental Indenture (Everbridge, Inc.)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property lawsthe 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 (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Centene Corp)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three (3) Business Days, pay to applicable escheat and abandoned property lawsthe 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 U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (GNLV Corp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyCompany or any of its Subsidiaries or Affiliates, in trust for the payment of the principal of, or premium, if any, and or interest on on, any Note and remaining 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 CompanyCompany or any of its Subsidiaries or Affiliates) 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 trust money, and all liability of the Company or any of its Subsidiaries or Affiliates 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 money remains unclaimed and that, after a 59 66 date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Cinemark Usa Inc /Tx

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to applicable escheat and abandoned property laws, the Issuer after written request therefor any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Issuer’s Obligations then owing with respect to the Notes. Any cash or non-callable Euro Obligations deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyIssuer, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 Issuer on its request or (if then held by the CompanyIssuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company Issuer 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 Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange ActIssuer.

Appears in 1 contract

Samples: Indenture (Hli Operating Co Inc)

Repayment to Company. Subject The Trustee and any paying agent shall promptly turn over to applicable escheat and abandoned property lawsthe Company upon written request any excess funds held by them at any time, including, without limitation, any money funds that were deposited with the Trustee pursuant to Section 13.1 for the payment of Notes that were subsequently converted (other than amounts paid or that remain payable with respect to such Notes pursuant to the terms of this Indenture and such Notes). Subject to the requirements of applicable law, any monies deposited with or paid to the Trustee or any Paying Agent paying agent of the Notes (which money shall be held uninvested and without liability other than the Trustee) for interest), or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest (including Liquidated Damages, if any) on Notes and interest on any Note and not applied but remaining unclaimed by the holders of Notes for two (2) years after such principalthe date upon which the principal of, and premium, if any, or interest has (including Liquidated Damages, if any) on such Notes, as the case may be, shall have become due and payable payable, shall be paid repaid 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, Trustee or paying agent on written demand and all liability of the Trustee or such Paying Agent paying agent shall thereupon cease with respect to such trust money, monies; and all liability the holder of any of the Company as trustee thereof, Notes shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required thereafter look only to make any such repayment, may at the expense of the Company cause for any payment which such holder may be entitled to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actcollect unless an applicable abandoned property law designates another Person.

Appears in 1 contract

Samples: Ats Medical Inc

Repayment to Company. Subject to applicable escheat and abandoned property lawsSection 7.07 hereof, the Trustee shall promptly pay to the Company, after written request by the Company therefor, any money held at such time in excess of the amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and or interest on any Note 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 at the request of the Company 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 trust 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 (i) cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 , and (ii) cause notice to be promptly sent to each Holder that such money remains unclaimed and that, after a date specified therein, which shall not be deemed less than 30 days from the date of such notification, any unclaimed balance of such money then remaining will be repaid to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange ActCompany.

Appears in 1 contract

Samples: Duane Reade Inc

Repayment to Company. Subject The Trustee shall promptly pay to applicable escheat and abandoned property lawsthe 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 U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premium, if any, and 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 trust moneycash 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Homer City Generation, L.P.)

Repayment to Company. Subject to applicable escheat Sections 7.07 and abandoned property laws9.01, the Trustee shall promptly pay to the Company upon written request any excess money held by it at any time. The Trustee shall pay to the Company upon written request any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest), or then held by the Company, in trust it for the payment of the principal of, premium, if any, and 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 that remains unclaimed for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon ceasetwo years; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, payment may at the expense of the Company cause to be published once, once in a newspaper of general circulation in The City of New York Times and The Wall Street Journal (national edition), or mail to each Holder entitled to such money notice that such money remains unclaimed and that, after a date specified therein, therein which shall not be less than at least 30 days from the date of such notification publication or publicationmailing, any unclaimed balance of such money then remaining will shall be repaid to the Company. Nothing contained After payment to the Company, Holders entitled to money must look to the Company for payment as general creditors unless an applicable abandoned property law designates another person and all liability of the Trustee or Paying Agent with respect to such money shall thereupon cease. In the absence of a written request from the Company to return unclaimed funds to the Company, the Trustee shall from time to time, after giving the Company at least 60 day's prior written notice, deliver all unclaimed funds to or as directed by applicable escheat authorities, as determined by the Trustee in this Section 8.07 shall be deemed to affect any obligation its sole discretion, in accordance with the customary practices and procedures of the Trustee. Any unclaimed funds held by the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actthis Section 9.03 shall be held uninvested and without any liability for interest.

Appears in 1 contract

Samples: Amo Holdings LLC

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 a Company Request for such payment, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note 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 trust 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 Company, cause to be published once, in 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, New York, notice that such 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.ARTICLE TWELVE

Appears in 1 contract

Samples: Gap Inc

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 after such principal, and 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 of such Note 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 trust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Repayment to Company. Subject to any applicable escheat and laws relating to abandoned property lawsproperty, any money cash or non-callable Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and 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 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 trust moneycash and securities, 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 money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Subordination Agreement (Groupe De Divertissement Superclub Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any money Any moneys or Governmental Obligations deposited with any paying agent or the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Trustee, or then held by the Company, in trust for the payment of the principal of, premium, if any, and of or premium or interest on any Note and remaining the Securities of a particular series that are not applied but remain unclaimed by the holders of such Securities for at least two years after such principal, the date upon which the principal of (and premium, if any, ) or interest has on such Securities shall have respectively become due and payable payable, shall be paid repaid to the Company on its request the last Business Day of each fiscal year of the Company, or (if then held by the Company) shall be discharged from such trust; and thereafter, the Holder paying agent and the Trustee shall be released from all further liability with respect to such moneys or Governmental Obligations, and the holder of any of the Securities entitled to receive such Note payment shall thereafter, as an unsecured general creditor, look only to the Company for the payment thereof. Anything in this Article XI to the contrary notwithstanding, subject to Section 7.06, the Trustee shall deliver or pay to the Company from time to time upon request by the Company any money or Governmental Obligations (or other property and any proceeds 41 therefrom) held by it as provided in Sections 11.01 or 11.02 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as the case may be, in accordance with this Article XI. On the last business day of each fiscal year of the Company, or (if then held by the Company) shall be discharged from such trust, and all liability of the Trustee or such Paying Agent with respect to such trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Actthereafter.

Appears in 1 contract

Samples: Computer Sciences Corp

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or Liquidated Damages, if any, on any Note 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 shall, subject to applicable escheat law, be paid to the Company on its the request of the Company 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 a creditor, look only to the Company or to the Subsidiary Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust 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)) and, in the case of the 7-Year Sterling Notes, a leading daily newspaper with general circulation in Luxembourg (which may be the Luxemburger Wort) or, if the 7-Year Sterling Notes are not listed on the Luxembourg Stock Exchange and it is not practicable to so publish, a leading daily English language newspaper having general circulation in Europe previously approved by the Trustee) notice that such 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 money then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 8.06 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Azurix Corp)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three (3) Business Days, pay to applicable escheat and abandoned property lawsthe Issuers 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 Issuers’ Obligations then owing with respect to the Notes. Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the CompanyIssuers, in trust for the payment of the principal ofprincipal, premium, if any, and or interest on any Note and remaining 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 Issuers on its request or (if then held by the CompanyIssuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, and all liability of the Company Issuers 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 Issuers cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such money 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 money cash and securities then remaining will shall be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange ActIssuers.

Appears in 1 contract

Samples: Indenture (Trump Entertainment Resorts Holdings Lp)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremiums, if any, interest on, and interest on Liquidated Damages on, if any, any Senior Secured Discount Note and remaining unclaimed for two years after such principal, and premiumpremiums, if any, or interest 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 Senior Secured Discount Note shall thereafter, as an unsecured general 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Sf Holdings Group Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, and interest or interest, if any, on any Note Securities of a Series subject to 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 of such Note 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 trust 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Iron Mountain Inc/Pa)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)shares of Common Stock deposited with the Transfer Agent, or then held by the Company, in trust for the payment of the principal (including the Fundamental Change Repurchase Price, if applicable) of, premium, if any, accrued and unpaid interest on and the consideration due upon conversion of any Note and remaining unclaimed for two years after such principal, and premiumprincipal (including the Fundamental Change Repurchase Price, if anyapplicable), interest or interest consideration due upon conversion has become due and payable shall be paid to the Company on its request of the Company contained in an Officers’ Certificate, 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 Trustee, such Paying Agent or the Transfer Agent with respect to such trust moneymoney and shares of Common Stock, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or Trustee, such Paying Agent or the Transfer Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in 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 money remains and shares of Common Stock 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 money and shares of Common Stock then remaining will be repaid or delivered to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Indenture (Acorda Therapeutics Inc)

Repayment to Company. Subject to applicable escheat and abandoned property laws, any Any money deposited with the Trustee or any Paying Agent (which money shall be held uninvested and without liability for interest)Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Additional Interest, if any, and 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, and 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 of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company as trustee thereof, shall will 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 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 money then remaining will be repaid to the Company. Nothing contained in this Section 8.07 shall be deemed to affect any obligation of the Trustee or any Paying Agent to search for lost Holders pursuant to Rule 17Ad-17 under the Exchange Act.

Appears in 1 contract

Samples: Compton Petroleum Corp

Time is Money Join Law Insider Premium to draft better contracts faster.