Common use of Repayment to the Issuer Clause in Contracts

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or 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 Issuer on their written request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the Trustee, before being required to make any such repayment, shall at the expense of the Issuer 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 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 Issuer.

Appears in 3 contracts

Samples: Indenture (Churchill Downs Inc), Indenture (Cott Corp /Cn/), Indenture (Cott Corp /Cn/)

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Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust (in case of the Trustee or any Paying Agent that is not a party to this Indenture and that is not an Affiliate of the Trustee) for the payment of the principal of, premium or 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 Issuer on their its written request unless an abandoned property law designates another Person or (if then held by the IssuerCompany) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the Trustee, before being required to make any such repayment, shall at the expense of the Issuer 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 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 Issuer.

Appears in 3 contracts

Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or 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, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Note will shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 2 contracts

Samples: Indenture (Armored AutoGroup Inc.), Indenture (ExamWorks Group, Inc.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, onor interest on and any Additional Amounts payable in respect of, any Note and remaining unclaimed for two years after such principal, premium or interest or Additional Interestpremium, if any, has interest or Additional Amounts have become due and payable shall be paid to the Issuer on their its written request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer 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 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 Issuer.

Appears in 2 contracts

Samples: Indenture (Essar Steel Canada Inc.), Indenture (Essar Steel Algoma Inc.)

Repayment to the Issuer. Any Subject to the requirements of any applicable abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, or interest on, any Note and remaining unclaimed for two years after such principal, premium or interest or Additional Interestpremium, if any, or interest has become due and payable shall be paid to the Issuer on their its written request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 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 Issuer.

Appears in 1 contract

Samples: Indenture (Greatbatch, Inc.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium premium, if any, or interest or (including Additional Amounts, if any, and Special Interest, if any), on, any Secured Note and remaining unclaimed for two years after such principal, premium and premium, if any, or interest or on, (including Additional Amounts, if any, and Special Interest, if any), has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Secured Note will thereafter be permitted to shall thereafter, as a creditor, look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: Pride International Inc

Repayment to the Issuer. Any 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 the Issuer, in trust for the payment of the principal of, premium or interest interest, premium, if any, or Additional InterestAmounts, if any, on, any Note and remaining unclaimed for two years after such principal, premium or interest interest, premium, if any, or Additional InterestAmounts, if any, has become due and payable shall be paid to the Issuer on their its written request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Note will shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneymoney or non-callable Government Securities, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall at the written request and expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: First Preferred Mortgage (Pacific Drilling S.A.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, oninterest or Additional Amounts, if any on any Note and remaining unclaimed for two years after such principal, premium or premium, if any, interest or Additional InterestAmounts, if any, has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published oncemade available to the newswire service of Bloomberg or, in if Xxxxxxxxx does not operate, any similar agency a notice to the New York Times and The Wall Street Journal (national edition), notice effect that such money remains unclaimed and that, after a date specified therein, which 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 Issuer.

Appears in 1 contract

Samples: Senior Notes Indenture (Birkenstock Holding LTD)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the IssuerIssuer or its Wholly Owned Subsidiary, in trust for the payment of the principal of, premium of or interest or Additional Interest, if any, on, on any Note and remaining unclaimed for two years after such principal, premium principal or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the IssuerIssuer or its Wholly Owned Subsidiary) will shall be discharged from such trust; and the Holder of such Note will thereafter be permitted to shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in the New York Times (national edition) and The the Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which will 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 Issuer.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Watson Wyatt Worldwide, Inc.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interest, if any, or interest on, any Note and remaining unclaimed for two 115 years after such principal, premium or interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Note will shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: Indenture (Burger King Holdings Inc)

Repayment to the Issuer. The Trustee, the Administrative Agent, and any Paying Agent shall promptly pay or return to the Issuer, upon the Issuer's request, any money or securities held by them at any time that are not required for the payment of the principal of (and premium, if any) and interest on the Notes and for other payments provided for in this Indenture or the other Transaction Documents. Any money deposited with the Trustee Trustee, the Administrative Agent, or any Paying Agent, or then held by the Issuer, Agent in trust for the payment of the principal of, premium of (or interest or Additional Interestpremium, if any, on, ) or interest on any Note Notes and remaining unclaimed for two years after the date upon which such principalpayment shall have become due, premium or interest or Additional Interest, if any, has become due and payable shall be paid to the Issuer on their written request unless an abandoned property law designates another Person or (if then held by Issuer, upon the Issuer) will be discharged from such trust's request; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another PersonPROVIDED, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, howeverHOWEVER, that the Trustee, before being required to make any such repayment, Issuer shall at the expense of the Issuer cause to be published onceat least once in a newspaper of general circulation in New York, in the New York Times and The Wall Street Journal (national edition)Chicago, Illinois or mailed to each Noteholder entitled to such unclaimed money, notice that such money remains unclaimed and that, after a date specified therein, which will date shall not be less than 30 days from the date of such notification publication or publicationmailing, any unclaimed balance of such money then remaining will shall be repaid to the Issuer. After repayment to the Issuer, any Noteholder entitled to such money shall thereafter, as an unsecured general creditor, look (unless an applicable law designates another Person) only to the Issuer for payment, and all liability of the -107- Trustee, the Administrative Agent, or such Paying Agent with respect to such trust money, shall thereupon cease.

Appears in 1 contract

Samples: Master Trust Indenture and Security Agreement (Stone Container Corp)

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Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, or interest on, any 5.625% Note and remaining unclaimed for two years after such principal, premium or interest or Additional Interestpremium, if any, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such 5.625% Note will shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: First Supplemental Indenture (ExamWorks Group, Inc.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, or interest on, any Note Series of Securities and remaining unclaimed for two years after such principal, premium or interest or Additional Interestpremium, if any, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder Holders of such Note Securities and any coupons appertaining thereto will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Issuer.

Appears in 1 contract

Samples: Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or premium, if any, Additional Amounts, if any, Special Interest, if any, on, or interest on any Secured Note and remaining unclaimed for two years after such principal, premium or interest or Additional and premium, if any Special Interest, if any, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Secured Note will thereafter be permitted to shall thereafter, as a creditor, look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: R&b Falcon Corp

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or 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, or interest has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trust; and the Holder of such Note will thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will not be less than 30 days from the date 127 of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Issuer.

Appears in 1 contract

Samples: Indenture (RDA Holding Co.)

Repayment to the Issuer. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest on, or Additional Interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium premium, or interest interest, or Additional Interest, if any, has become due and payable shall be paid to the Issuer on their written its request unless an abandoned property law designates another Person or (if then held by the Issuer) will shall be discharged from such trust; and the Holder of such Note will shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

Repayment to the Issuer. Anything in this Article VIII to the contrary notwithstanding, the Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer any cash or U.S. Government Obligations held by it as provided in Section 8.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereto delivered to the Trustee (which may be the opinion delivered under Section 8.4(a)), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium or interest or Additional Interestpremium, if any, onor interest (and Liquidated Damages, if any) on any Note Security and remaining unclaimed for two years after such principal, premium or interest or Additional Interestand premium, if any, or interest (and Liquidated Damages, if any) has become due and payable shall be paid to the Issuer on their written request unless an abandoned property law designates another Person or (if then held by the Issuer) will be discharged from such trustits request; and the Holder of such Note will Security shall thereafter be permitted to look only to the Issuer for payment thereof unless an abandoned property law designates another Personthereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will money shall thereupon cease; provided, however, that the TrusteeTrustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer 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 will 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 Issuer.

Appears in 1 contract

Samples: Indenture (Kerzner International Employment Services LTD)

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