Common use of Termination of the Pass Through Trust Clause in Contracts

Termination of the Pass Through Trust. The respective obligations and responsibilities of the Company and the Pass Through Trustee created hereby shall terminate upon the distribution to all Certificateholders of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property, and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders and the Pass Through Trustee of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property; provided, however, that in no event shall the Pass Through Trust created hereby continue beyond the expiration of 21 years less one day following the death of the last survivor of all living descendants of Xxxxxx X. Xxxxxxx, Xx., living on the date of this Agreement, unless applicable law shall permit a longer term, in which case such longer term will apply. Notice of any termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Pass Through Trustee for payment of the final distribution and cancellation (at maturity, redemption or otherwise), shall be mailed promptly by the Pass Through Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution specifying (A) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of such Certificates at the office or agency of the Pass Through Trustee therein specified, (B) the amount of any such proposed final payment, and (C) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Pass Through Trustee therein specified. The Pass Through Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Pass Through Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) pursuant to Section 4.02. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Pass Through Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the relevant Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Pass Through Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years and six months (or such lesser time as the Pass Through Trustee shall be satisfied, after sixty days' notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Pass Through Trustee shall pay to the Indenture Trustees, pro rata, the appropriate amount of money and shall give written notice thereof to the Company, the Lessors and the Owner Participants.

Appears in 2 contracts

Samples: Trust Agreement (Royal Ahold), Trust Agreement (Royal Ahold)

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Termination of the Pass Through Trust. The respective obligations and responsibilities of the Company and the Pass Through Trustee created hereby shall terminate upon the distribution to all Certificateholders of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property, and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders and the Pass Through Trustee of all amounts required to be distributed to them pursuant to this Pass Through Trust Agreement and the disposition of all property held as part of the Trust Property; provided, however, that in no event shall the Pass Through Trust trust created hereby continue beyond the expiration of 21 years less one day following from the death of the last survivor of all living descendants of Xxxxxx X. Xxxxxxx, Xx., living on the date of this Agreement, unless applicable law shall permit a longer term, in which case such longer term will apply. Notice of any termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Pass Through Trustee for payment of the final distribution and cancellation (at maturity, redemption or otherwise)cancellation, shall be mailed promptly by the Pass Through Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution distribution, specifying (Aa) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of such Certificates at the office or agency of the Pass Through Trustee therein specified, (Bb) the amount of any such proposed final payment, and (Cc) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Pass Through Trustee therein specified. The Pass Through Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Pass Through Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) pursuant to Section 4.024.2. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Pass Through Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the relevant Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Pass Through Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years and six 11 months (or such lesser time as the Pass Through Trustee shall be satisfied, after sixty days' notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Pass Through Trustee shall pay to the Indenture Trustees, pro rata, Trustee the appropriate amount of money relating to the Indenture Trustee and shall give written notice thereof to the Company, the Lessors Owner Trustee and the Owner ParticipantsCompany.

Appears in 1 contract

Samples: Union Tank Car Co

Termination of the Pass Through Trust. The respective obligations and responsibilities of the Company and the Pass Through Trustee created hereby and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property, and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders and the Pass Through Trustee of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property; provided, however, that in no event shall if and to the extent that any of the options, rights and privileges granted under this Pass Through Trust created hereby continue beyond Agreement, would, in the expiration absence of 21 the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interest in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Pass Through Trust Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years less one day following after the death of the last survivor of all living the descendants of Xxxxxx X. Xxxxxxx, Xx., living on the date of the execution of this Pass Through Trust Agreement of the following Presidents of the United States: Franxxxx X. Xxxxxxxxx, Xxrrx X. Xxxxxx, Xxigxx X. Xxxxxxxxxx, Xxhn X. Xxxxxxx, Xxndxx X. Xxxxxxx, Xxchxxx X. Xxxxx, Xxraxx X. Xxxx, Xxmex X. Xxxxxx, Xxnaxx X. Xxxxxx, Xxorxx X.X. Xxxx xxx Willxxx X. Xxxxxxx xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the 41 47 specific applicable period of time expressed in this Pass Through Trust Agreement, unless applicable law shall permit a longer term, in which case such longer term will applywhichever of (a) or (b) is shorter. Notice of any termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Pass Through Trustee for payment of the final distribution and cancellation (at maturity, redemption or otherwise)cancellation, shall be mailed promptly by the Pass Through Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution specifying (A) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of such Certificates at the office or agency of the Pass Through Trustee therein specified, (B) the amount of any such proposed final payment, and (C) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Pass Through Trustee therein specified. The Pass Through Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Pass Through Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) , pursuant to Section 4.024.2 hereof. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-above mentioned written notice, the Pass Through Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the relevant Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Pass Through Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years and six months (or such lesser time as the Pass Through Trustee shall be satisfied, after sixty days' written notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Pass Through Trustee shall pay to the each Lease Indenture Trustees, pro rata, Trustee the appropriate amount of money relating to such Lease Indenture Trustee and shall give written notice thereof to each Owner Lessor, each Owner Participant and the Company, the Lessors and the Owner Participants.

Appears in 1 contract

Samples: Trust Agreement (PPL Montana LLC)

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Termination of the Pass Through Trust. The respective obligations and responsibilities of the Company Partnerships and the Pass Through Trustee created hereby and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property, and the Pass Through Trust created hereby shall terminate upon the distribution to all Certificateholders and the Pass Through Trustee of all amounts required to be distributed to them pursuant to this Agreement and the disposition of all property held as part of the Trust Property; provided, however, that in no event shall if and to the extent that any of the options, rights and privileges granted under this Pass Through Trust created hereby continue beyond Agreement, would, in the expiration absence of 21 the limitation imposed by this sentence, be invalid or unenforceable as being in violation of the rule against perpetuities or any other rule or law relating to the vesting of interest in property or the suspension of the power of alienation of property, then it is agreed that notwithstanding any other provision of this Pass Through Trust Agreement, such options, rights and privileges, subject to the respective conditions hereof governing the exercise of such options, rights and privileges, will be exercisable only during (a) the longer of (i) a period which will end twenty-one (21) years less one day following after the death of the last survivor of all living the descendants of Xxxxxx X. Xxxxxxx, Xx., living on the date of the execution of this Pass Through Trust Agreement of the following Presidents of the United States: Franxxxx X. Xxxxxxxxx, Xxrrx X. Xxxxxx, Xxigxx X. Xxxxxxxxxx, Xxhn X. Xxxxxxx, Xxndxx X. Xxxxxxx, Xxchxxx X. Xxxxx, Xxraxx X. Xxxx, Xxmex X. Xxxxxx, Xxnaxx X. Xxxxxx, Xxorxx X.X. Xxxx xxx Willxxx X. Xxxxxxx xx (ii) the period provided under the Uniform Statutory Rule Against Perpetuities or (b) the specific applicable period of time expressed in this Pass Through Trust Agreement, unless applicable law shall permit a longer term, in which case such longer term will applywhichever of (a) or (b) is shorter. Notice of any termination, specifying the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the Certificateholders may surrender their Certificates to the Pass Through Trustee for payment of the final distribution and cancellation (at maturity, redemption or otherwise)cancellation, shall be mailed promptly by the Pass Through Trustee to Certificateholders not earlier than the 60th day and not later than the 20th day next preceding such final distribution specifying (A) the Regular Distribution Date (or Special Distribution Date, as the case may be) upon which the proposed final payment of the Certificates will be made upon presentation and surrender of such Certificates at the office or agency of the Pass Through Trustee therein specified, (B) the amount of any such proposed final payment, and (C) that the Record Date otherwise applicable to such Regular Distribution Date (or Special Distribution Date, as the case may be) is not applicable, payments being made only upon presentation and surrender of the Certificates at the office or agency of the Pass Through Trustee therein specified. The Pass Through Trustee shall give such notice to the Registrar at the time such notice is given to Certificateholders. Upon presentation and surrender of the Certificates, the Pass Through Trustee shall cause to be distributed to Certificateholders amounts distributable on such Regular Distribution Date (or Special Distribution Date, as the case may be) pursuant to Section 4.02. In the event that all of the Certificateholders shall not surrender their Certificates for cancellation within six months after the date specified in the above-mentioned written notice, the Pass Through Trustee shall give a second written notice to the remaining Certificateholders to surrender their Certificates for cancellation and receive the final distribution with respect thereto. No additional interest shall accrue on the Certificates after the relevant Regular Distribution Date (or Special Distribution Date, as the case may be). In the event that any money held by the Pass Through Trustee for the payment of distributions on the Certificates shall remain unclaimed for two years and six months (or such lesser time as the Pass Through Trustee shall be satisfied, after sixty days' notice from the Company, is one month prior to the escheat period provided under applicable law) after the final distribution date with respect thereto, the Pass Through Trustee shall pay to the Indenture Trustees, pro rata, the appropriate amount of money and shall give written notice thereof to the Company, the Lessors and the Owner Participants.the

Appears in 1 contract

Samples: Through Trust Agreement (Calpine Corp)

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