Common use of Repayment to Issuers Clause in Contracts

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 18 contracts

Samples: Supplemental Indenture (Western Refining Logistics, LP), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Martin Midstream Partners Lp)

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Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interestpremium, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interestpremium, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 10 contracts

Samples: Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 8 contracts

Samples: Indenture (Inergy L P), Indenture (PetroLogistics LP), Indenture (Inergy L P)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of of, or interest, premium, interest or Additional Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, interest, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 6 contracts

Samples: Supplemental Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agentpaying agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, premium on, if any, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 4 contracts

Samples: Indenture (Plains All American Pipeline Lp), Supplemental Indenture (Plains All American Pipeline Lp), Plains All American Pipeline Lp

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 3 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or of, premium, if any, interest or Additional InterestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or Additional InterestLiquidated Damages, if any, has become due and payable shall shall, subject to applicable escheat law, be paid to the Issuers on their written the request of the Issuers or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Issuers or Subsidiary Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers such Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.. 92

Appears in 3 contracts

Samples: Qualified (Gulfterra Energy Partners L P), Indenture (El Paso Energy Partners Lp), First Reserve Gas LLC

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interestpremium, if any, on any Note and remaining unclaimed for two years after such principal, premium, premium or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 3 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Calumet Specialty Products Partners, L.P.

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, interest or Additional Interestpremium on, if any, on or interest on, any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee Trustee thereof, shall will thereupon cease; cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the New York Times and The Wall Street Journal (national edition) (or if either such publications are unavailable, two similar nationally recognized publications as determined in the Company’s sole discretion), 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 Issuers.

Appears in 3 contracts

Samples: Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.), Supplemental Indenture (Vici Properties Inc.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 3 contracts

Samples: Indenture (Summit Midstream Partners, LP), Supplemental Indenture (Summit Midstream Partners, LP), Indenture (Summit Midstream Partners, LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of of, premium on, if any, or premium, interest or Additional Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall will thereupon cease; provided, however, that that, if any Definitive Note is then outstanding, the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 3 contracts

Samples: Indenture (QR Energy, LP), Indenture (Memorial Production Partners LP), Indenture (Memorial Production Partners LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, premium on, if any, interest or Additional Special Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Special Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall will thereupon cease; provided, however, that that, if any Definitive Notes are then outstanding, the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 2 contracts

Samples: Indenture (Exterran Partners, L.P.), Indenture (Exterran Partners, L.P.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, interest or Additional Interestpremium on, if any, on or interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall will thereupon cease; provided, however, that that, if any Definitive Notes are then outstanding, the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 2 contracts

Samples: Indenture (Archrock Partners, L.P.), Indenture (Archrock, Inc.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, premium or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, premium or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 2 contracts

Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by an any Issuer, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, on or interest on, any Note and remaining unclaimed for the earlier of (a) two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable and (b) such time as the money or property escheats to the state, shall be paid to the Issuers on their written request or (if then held by an any Issuer) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the 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, shall may at the written direction and expense of the 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 Issuers.

Appears in 2 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Repayment to Issuers. Subject to applicable escheat and laws relating to abandoned property lawsproperty, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Company, in trust for the payment of the principal of of, premium or premium, interest or Additional Interest, Liquidated Damages if any, on or interest on, any Note and remaining unclaimed for two years after such principal, premium, interest premium or Additional InterestLiquidated Damages, if any, or interest has become due and payable shall be paid to the Issuers on their written its request or (if then held by an Issuerthe Issuers) shall will be discharged from such trusttrust and, if applicable, repaid to the Issuers; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the 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, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 2 contracts

Samples: Indenture (HNS Finance Corp.), Supplemental Indenture (Hughes Communications, Inc.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; : and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Consoltex Inc/ Ca)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal Accreted Value of or premium, interest if any, or Additional InterestInterest (or Liquidated Damages, if any, ) on any Note and remaining unclaimed for two years after such principalAccreted Value, premium, interest Interest or Additional Interest, if any, Liquidated Damages has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Indenture (Oasis Interval Ownership, LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property lawsSection 8.07, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, if any, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the New York Times and or 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 IssuersIssuers or as required by applicable abandoned property law.

Appears in 1 contract

Samples: Indenture (TitleMax of Virginia, Inc.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, if any, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Chesapeake Oilfield (Mid-States Oilfield Supply LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, principal and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their its written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuers for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense and written direction and expense request of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Bloomin' Brands, Inc.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of of, premium on, if any, or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee Trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the New York Times and The Wall Street Journal (national edition) (or if either such publications are unavailable, two similar nationally recognized publications as determined in the Company’s sole discretion), 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 Issuers.

Appears in 1 contract

Samples: Indenture (MGM Growth Properties Operating Partnership LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of of, or interest, premium, interest if any, or Additional Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, interest, premium, interest if any, or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that that, if any Note then outstanding is not in global form, the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (EV Energy Partners, LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuer(s), in trust for the payment of the principal of or premiumof, interest premium or Additional InterestAmounts, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premium, interest premium or Additional InterestAmounts, if any, or interest has become due and payable shall be paid to the Issuers Issuer(s) on their written request or (if then held by an Issuerthe Issuer(s)) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, Security will thereafter be permitted to look only to the Issuers Issuer(s) for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers Issuer(s) as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers Issuer(s) cause to be published once, in the New York Times and The Wall Street Journal (national edition)an Authorized Newspaper, 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 IssuersIssuer(s).

Appears in 1 contract

Samples: Brookdale Living Communitites of New York-Gb, LLC

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or of, premium, if any, interest or Additional InterestLiquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or Additional InterestLiquidated Damages, if any, has become due and payable shall shall, subject to applicable escheat law, be paid to the Issuers on their written the request of the Issuers or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Issuers or Subsidiary Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers such Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Management Agreement (Leviathan Finance Corp)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, Liquidated Damages, if any, or interest on any Note Senior Discount Notes and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, Liquidated Damages, if any, or interest has become due and 84 payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note Senior Discount Notes shall thereafter, as an unsecured a secured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Avalon Cable Holdings Finance Inc

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, if any, or interest or Additional Interestand Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interestand Liquidated Damages, if any, has become due and payable shall be paid to the Issuers on their written its request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Issuers for payment thereofthereof unless an applicable abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Funding Guarantor (U.S. Shipping Partners L.P.)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the Accreted Value or principal of or premiumof, interest premium or Additional Interest, if any, on or interest on, any Senior Discount Note and remaining unclaimed for two years after such Accreted Value or principal, premium, interest premium or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such Senior Discount Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the 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, shall may at the written direction and expense of the Issuers cause causes 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 Issuers.

Appears in 1 contract

Samples: VHS of Anaheim Inc

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or of, premium, if any, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or Additional Interest, if any, has become due and payable shall shall, subject to applicable escheat law, be paid to the Issuers on their written the request of the Issuers or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Issuers or Subsidiary Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers such Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Gulfterra Energy Partners L P

Repayment to Issuers. Subject The Trustee shall promptly, and in any event, no later than two (2) Business Days, pay to applicable escheat and abandoned property laws, the 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 Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or principal, premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiescash and securities, and all liability of the Issuers as trustee Trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the 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 Issuers.

Appears in 1 contract

Samples: CBD Media LLC

Repayment to Issuers. Subject Anything in this Article VIII to applicable escheat and abandoned property lawsthe contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the request of the Issuers 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. For all purposes of this Indenture, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest (and Liquidated Damages, if any) on any Note Security and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, or interest (and Liquidated Damages, if any) has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trustrequest; and the Holder of such Note Security shall thereafter, as an unsecured creditor, thereafter look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Venture Service Co)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by an any Issuer, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, on or interest on, any Note and remaining unclaimed for the earlier of (i) two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable and (ii) such time as the money or property escheats to the state, shall be paid to the Issuers on their written request or (if then held by an any Issuer) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the 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, shall may at the written direction and expense of the 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 Issuers.

Appears in 1 contract

Samples: Supplemental Indenture (Coty Inc.)

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Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of of, or interest and premium, interest or Additional Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, interest and premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of of, or premiuminterest, interest premium or Additional Interest, if any, on on, any Note and remaining unclaimed for two years after such principal, premiuminterest, interest premium or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Linn Energy, LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable non‑callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Natural Resource Partners Lp)

Repayment to Issuers. Subject to applicable escheat and abandoned property lawslaw, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, interest or Additional Interestpremium on, if any, on or interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, interest if any, or Additional Interestinterest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall will be discharged from such trust; and the Holder of such the Note shall thereafter, as an unsecured creditor, will thereafter be permitted to look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the 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 (but shall not be obligated to) at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, if any, or interest or Additional Interest, if any, on 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 Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiescash and securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the 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 Issuers.

Appears in 1 contract

Samples: Indenture (Gamestop Corp)

Repayment to Issuers. Subject Anything in this Article VIII to applicable escheat and abandoned property lawsthe contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the request of the Issuers any funds 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 or non-callable Government Securities deposited with the Trustee or any Paying AgentAgent for any Defeased Securities, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest on any Note Defeased Securities and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trustrequest; and the Holder of such Note Defeased Securities shall thereafter, as an unsecured creditor, thereafter look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the New York Times 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 Issuers.

Appears in 1 contract

Samples: Indenture (Ggri Inc)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of of, interest on, or premium, interest if any, or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, interest, premium, interest if any, or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Chesapeake Midstream Partners Lp)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agentpaying agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or premiumof, premium on, if any, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers. Section 8.07.

Appears in 1 contract

Samples: Indenture (Rancho Holdings Gp LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, Liquidated Damages, if any, or interest on any Note Senior Subordinated Notes and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note Senior Subordinated Notes shall thereafter, as an unsecured a secured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Avalon Cable Finance Inc

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, premium and interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Martin Midstream Partners L.P.)

Repayment to Issuers. Subject Anything in this Article VIII to applicable escheat and abandoned property lawsthe contrary notwithstanding, the Trustee shall deliver or pay to the Issuers from time to time upon the request of the Issuers 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 or non-callable Government Securities deposited with the Trustee or any Paying AgentAgent for any Defeased Securities, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest on any Note Defeased Securities and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trustrequest; and the Holder of such Note Defeased Securities shall thereafter, as an unsecured creditor, thereafter look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Sun International Hotels LTD

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Pacific Energy Partners Lp)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or principal, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiescash and securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers cause to be published once, in the 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 Issuers.

Appears in 1 contract

Samples: Indenture (Gamestop Corp)

Repayment to Issuers. 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, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest if any, or Additional Interestinterest, if any, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: APT Sunshine State LLC

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuereither of the Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, or interest on any Senior Secured Note and remaining unclaimed for two (2) years after such principal, and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers such Issuer on their written its request or (if then held by an such Issuer) shall be discharged from such trust; and the Holder of such Senior Secured Note shall thereafter, as an unsecured a secured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining will shall be repaid to the Issuers.

Appears in 1 contract

Samples: Project Orange Capital Corp

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the Issuers 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 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Issuers. Section 8.07.

Appears in 1 contract

Samples: Summit Midstream Partners, LP

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Indenture (Breitburn Energy Partners LP)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest or Additional Interest, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note Security shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.

Appears in 1 contract

Samples: Indenture (Chesapeake MLP Operating LLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property lawslaw, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust (or, if the concept of trust is not recognized under such Issuer’s jurisdiction, as an agent) for the payment of the principal of or of, premium, interest if any, or Additional Interestinterest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuers for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.. 110

Appears in 1 contract

Samples: Indenture (Venator Materials PLC)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuer, in trust for the payment of the principal of or premium, interest premium or Additional Interestinterest, if any, on any Note and remaining unclaimed for two years after such principal, premium, interest premium or Additional Interestinterest, if any, has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securities, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the Issuers 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 Issuers.. 77

Appears in 1 contract

Samples: Indenture (Natural Resource Partners Lp)

Repayment to Issuers. Subject to applicable escheat and abandoned property laws, any Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by an Issuerthe Issuers, in trust for the payment of the principal of or of, premium, interest or Additional Interest, if any, Liquidated Damages, if any, or Interest on any Note and remaining unclaimed for two years after such principal, and premium, interest or Additional Interest, if any, Liquidated Damages, if any, or Interest has become due and payable shall be paid to the Issuers on their written request or (if then held by an Issuerthe Issuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money or non-callable Government Securitiesmoney, and all liability of the Issuers as trustee thereof, shall thereupon cease; provided, however, provided that the Trustee or such Paying Agent, before being required to make any such repayment, shall may at the written direction and expense of the 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 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 Issuers.

Appears in 1 contract

Samples: Indenture (TWC Holding Corp.)

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