Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 18 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer Issuers upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichVIII that, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8VIII. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders holders entitled to the money must look to the Issuer Issuers for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 17 contracts
Samples: Supplemental Indenture (EP Energy Corp), Exchange Agreement (Stone Energy Corp), Supplemental Indenture (EP Energy Corp)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 16 contracts
Samples: Indenture (Intelsat LTD), Indenture (Intelsat LTD), Supplemental Indenture (Intelsat LTD)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichVIII that, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8VIII. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 16 contracts
Samples: Supplemental Indenture (Advantage Solutions Inc.), Indenture (Rackspace Technology, Inc.), Supplemental Indenture (Rackspace Technology, Inc.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 11 contracts
Samples: Indenture (BPRex Delta Inc.), Indenture (Berry Global Group, Inc.), Supplemental Indenture (Berry Global Group Inc)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 10 contracts
Samples: Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (TII Smart Solutions, Sociedad Anonima), Supplemental Indenture (TAMINCO ACQUISITION Corp)
Repayment to Issuer. The Each of the Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 6 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 5 contracts
Samples: Acceptable Intercreditor Agreement (Dave & Buster's Entertainment, Inc.), Indenture (At Home Group Inc.), Indenture (CLARIVATE PLC)
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 VIII which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8VIII. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such moniesmonies and all liability of the Company as trustee thereof shall thereupon cease.
Appears in 4 contracts
Samples: Indenture (Western Digital Corp), Security Agreement (Western Digital Corp), ciusb.com.uy
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such moniesmoneys.
Appears in 3 contracts
Samples: Supplemental Indenture (Altice USA, Inc.), Indenture (Altice USA, Inc.), Supplemental Indenture (Altice USA, Inc.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 3 contracts
Samples: Supplemental Indenture (Berry Plastics Holding Corp), Celanese Corp, Celanese Corp
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally recognized a firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 3 contracts
Samples: Indenture (Quotient LTD), Indenture (Aquestive Therapeutics, Inc.), Indenture (Blue Water Acquisition Corp.)
Repayment to Issuer. The Each of the Trustee and the Paying Agent each paying agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent each paying agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent each paying agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Constellium N.V.), Supplemental Indenture (Constellium Se)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon written request any money, U.S. money or Government Obligations Securities held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Party City Holdco Inc.), Party City Holdco Inc.
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally recognized firm of independent public accountants Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Egalet Us Inc.), Indenture (Egalet Corp)
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent certified public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest on any Defeasible Series that remains unclaimed for two years, and, thereafter, Holders of Securities of such Defeasible Series entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Delhaize Group), Indenture (Shop 'N Save-Mass, Inc.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally recognized a firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest or any related fees contemplated by this Indenture that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Indenture (Vivus Inc), Purchase Agreement (Vivus Inc)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer Issuers upon written request any money, U.S. money or Government Obligations Securities held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer Issuers upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer Issuers for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Party City Holdco Inc., Party City Holdco Inc.
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon written request any money, U.S. money or Government Obligations Securities held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations Securities have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 2 contracts
Samples: Supplemental Indenture (PQ Group Holdings Inc.), Indenture (Hillman Companies Inc)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent certified public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Delhaize Group
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.. Section 8.05
Appears in 1 contract
Samples: Indenture (Sothebys)
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Supplemental Indenture (Graftech International LTD)
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal principal, premium, interest or interest liquidated damages that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Seagate Technology Malaysia Holding Co Cayman Islands
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, U.S. money or European Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent certified public accountants delivered to the Trustee (which delivery shall only be required if U.S. European Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Delhaize Group
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.. 138
Appears in 1 contract
Samples: Altice USA, Inc.
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Supplemental Indenture (Pernix Therapeutics Holdings, Inc.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally recognized a firm of independent public accountants recognized in the United States delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Sorrento Therapeutics, Inc.
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon written request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. The Each of the Trustee and the Paying Agent each paying agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally recognized firm of independent public accountants Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. 95 Subject to any applicable abandoned property law, the Trustee and the Paying Agent each paying agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent each paying agent shall have no further liability with respect to such monies.
Appears in 1 contract
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies. SECTION 8.07.
Appears in 1 contract
Samples: Graftech International LTD
Repayment to Issuer. The Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8Article. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal principal, interest or interest liquidated damages that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Indenture (Millennium Chemicals Inc)
Repayment to Issuer. The Each of the Trustee and the Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 which, in the written opinion of an internationally a nationally recognized firm of independent public accountants delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the Paying Agent shall have no further liability with respect to such monies.
Appears in 1 contract
Samples: Indenture (Intelsat S.A.)
Repayment to Issuer. The Each of the Trustee and the each Paying Agent shall promptly turn over to the Issuer upon request any money, money or U.S. Government Obligations held by it as provided in this Article 8 whichthat, in the written opinion of an internationally recognized firm of independent public accountants Independent Financial Advisor delivered to the Trustee (which delivery shall only be required if U.S. Government Obligations have been so deposited), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent discharge or defeasance in accordance with this Article 8. Subject to any applicable abandoned property law, the Trustee and the each Paying Agent shall pay to the Issuer upon written request any money held by them for the payment of principal or interest that remains unclaimed for two years, and, thereafter, Holders entitled to the money must look to the Issuer for payment as general creditors, and the Trustee and the each Paying Agent shall have no further liability with respect to such monies.. 107
Appears in 1 contract
Samples: Supplemental Indenture (Egalet Corp)