Common use of Return of Money Held Unclaimed for Two Years Clause in Contracts

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, shall have become due and payable shall be repaid by the Warrant Agent to the Company and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, that the Warrant Agent, before making any such repayment, may at the expense of the Company notify the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 5 contracts

Samples: Warrant Agreement (Salomon Smith Barney Holdings Inc), Warrant Agreement (Salomon Smith Barney Holdings Inc), Warrant Agreement (Salomon Smith Barney Holdings Inc)

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Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value [or Alternative Settlement Amount, as the case may be, ] of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value [or Alternative Settlement Amount, as the case may be, ] shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company's request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Certificated Warrants, the Registered Holders or (ii) in the case of Book-Entry Warrants, the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 4 contracts

Samples: Warrant Agreement (J P Morgan Chase & Co), Warrant Agreement (Dean Witter Discover & Co), Warrant Agreement (Dean Witter Discover & Co)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company's request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Definitive Warrants, the Registered Holders or (ii) in the case of Book-entry Warrants, the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 3 contracts

Samples: Warrant Agreement (Morgan Stanley Group Inc /De/), Warrant Agreement (Morgan Stanley Group Inc /De/), Warrant Agreement (Morgan Stanley Group Inc /De/)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, shall have become due and payable shall be repaid by the Warrant Agent to the Company and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Certificated Warrants, the Registered Holders or (ii) in the case of Book-Entry Warrants, the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 2 contracts

Samples: Warrant Agreement (Paine Webber Group Inc), Warrant Agreement (Paine Webber Group Inc)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money or other assets deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, of any Warrants and not applied paid but remaining unclaimed for two years after the date upon which such Cash Settlement Value money or Alternative Settlement Amount, as the case may be, other assets shall have become due and payable shall be repaid by the Warrant Agent to the Company Issuer, at the Issuer’s request, pursuant to an Officer’s Certificate, and the holders Holders of such Warrants shall thereafter look only to the Company Issuer for any payment which such holders Holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, that the Warrant Agent, before making any such repayment, may (but shall not be obligated to) at the expense of the Company Issuer notify (i) in the Participants concernedcase of Registered Warrants evidenced by Definitive Warrant Certificates, the Registered Holders, and (ii) in the case of Warrants evidenced by one or more Global Warrant Certificates, the applicable participants of the Depositary, in each case as provided in Section 7.04, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the CompanyIssuer.

Appears in 2 contracts

Samples: Warrant Agreement (Toronto Dominion Bank), Warrant Agreement (Toronto Dominion Bank)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company's request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Certificated Warrants, the Registered Holders or (ii) in the case of Book-Entry Warrants, the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 2 contracts

Samples: Index Warrant Agreement (Dean Witter Discover & Co), Index Warrant Agreement (J P Morgan Chase & Co)

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Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company’s request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (a) in the case of Book-Entry Warrants, the Depositary (on behalf of the Participants concerned), that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the CompanyCompany or (b) in the case of Definitive Warrants, the Registered Holders.

Appears in 1 contract

Samples: Warrant Agreement (J P Morgan Chase & Co)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, Amount shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company's request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Definitive Warrants, the Registered Holders or (ii) in the case of Book- entry Warrants, the Participants concerned, that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the Company.

Appears in 1 contract

Samples: Warrant Agreement (Bear Stearns Companies Inc)

Return of Money Held Unclaimed for Two Years. Except as otherwise provided herein, any money deposited with or paid to the Warrant Agent for the payment of the Cash Settlement Value or Alternative Settlement Amount, as the case may be, of any Warrants and not applied but remaining unclaimed for two years after the date upon which such Cash Settlement Value or Alternative Settlement Amount, as the case may be, shall have become due and payable shall be repaid by the Warrant Agent to the Company Company, at the Company’s request, and the holders of such Warrants shall thereafter look only to the Company for any payment which such holders may be entitled to collect and all liability of the Warrant Agent with respect to such money shall thereupon cease; provided, however, provided that the Warrant Agent, before making any such repayment, may at the expense of the Company notify (i) in the case of Book-Entry Warrants, the Depository (on behalf of the Participants concerned), that said money has not been so applied and remains unclaimed and that after a date named in the notification any unclaimed balance of said money then remaining will be returned to the CompanyCompany or (ii) in the case of Definitive Warrants, the Registered Holders.

Appears in 1 contract

Samples: Warrant Agreement (Eksportfinans Asa)

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