Trust Moneys. Trust Moneys shall be subject to a Lien in favor of the Trustee and shall be held by the Trustee for the benefit of the Holders as a part of the Collateral. The Trustee shall apply Trust Moneys as follows:
Trust Moneys. 12 7.02 Withdrawal of Certain Trust Moneys......................................................................13 7.03 Application of Trust Moneys upon Event of Default.......................................................13 Section 8. Remedies, Etc........................................................................................13
Trust Moneys. To the extent Trust Moneys consist of insurance proceeds or condemnation or other taking awards, any such moneys which may be used to effect a restoration of the affected Collateral shall be permitted to be withdrawn by the Borrower and paid by the Collateral Agent in accordance with the Intercreditor Agreement.
Trust Moneys. To the extent Trust Moneys consist of insurance proceeds or condemnation or other taking awards, any such moneys which may be used, pursuant to the terms of the Common Security and Intercreditor Agreement, to effect a restoration of the affected Collateral shall be permitted to be withdrawn by the Company and paid by the Collateral Agent in accordance with the Common Security and Intercreditor Agreement. The Company shall deliver (a) an Officers' Certificate certifying as to expenditures made or costs incurred, the necessity or desirability in the conduct of the Company's business of the repaired, rebuilt, or replaced property, and the Fair Market Value of such property as of the date of the expenditures, (b) an Opinion of Counsel as to the validity and perfection of the Collateral Agent's lien on the repaired or replaced Collateral and (c) an architect's certificate as to the costs of such restoration and compliance with law, all in accordance with the Common Security and Intercreditor Agreement. To the extent Trust Moneys consist of Collateral Proceeds, and the Company intends to reinvest such proceeds in the Company or in one or more Subsidiaries in a Related Business, such Trust Moneys shall be permitted, subject to the terms of the Common Security and Intercreditor Agreement, to be withdrawn by the Company upon delivery to the Trustee and the Collateral Agent of (a) a Company Order regarding such withdrawal, (b) an Officers' Certificate certifying compliance with the Indenture, (c) instruments granting the Collateral Agent first priority Liens, for the benefit of the Trustee (for itself and the Holders), for the Administrative Agent (for itself and the Lenders) and for the New Tranche A Notes Indenture Trustee (for itself and the New Tranche A Note Holders) on the real or personal property interests in which the Company or any Subsidiary have invested, and (d) an Opinion of Counsel as to the instruments governing such Liens and security interests, all in accordance with the Common Security and Intercreditor Agreement. Subject to the terms of the Common Security and Intercreditor Agreement, Trust Moneys shall be permitted to be applied from time to time (x) to the payment of principal, premium, if any, and interest on the Securities, or (y) to the extent otherwise permitted by the Indenture, to redeem or repurchase Securities, including, without limitation, pursuant to a Change of Control Offer or (to the extent such Trust Moneys constitute proceeds fr...
Trust Moneys. Defined. --------------------- All cash or Cash Equivalents received by the Trustee:
Trust Moneys. 106 SECTION 12.2.
Trust Moneys. All Trust Moneys shall be held by the Collateral Agent or the Trustee, as the case may be, for the benefit of the Trustee and the holders of Notes as a part of the Collateral in accordance with the provisions of this Indenture and the Intercreditor Agreement and, upon any entry upon or sale or other disposition of the Collateral or any part thereof pursuant to any of the Security Documents, said Trust Moneys shall be applied in accordance with Section 6.10 and the Intercreditor Agreement but, prior to any such entry, sale or other disposition, all or any part of the Trust Moneys may be withdrawn, and shall be released, paid or applied by the Collateral Agent and the Trustee, from time to time as provided in Sections 12.2 through 12.6, inclusive, and the Intercreditor Agreement.
Trust Moneys. 28 Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Trust Moneys. All moneys received by the Trustee hereunder shall, until applied as herein provided, be held in trust by the Trustee for the purposes for which they were received but need not be segregated from other funds except to the extent required herein or by law. The Trustee shall be under no liability for interest on any such moneys except such as it may agree with the Company to pay thereon. Except during the continuance of an Event of Default, all interest so agreed to be paid on any such moneys shall be paid from time to time upon Company Order.
Trust Moneys. Trust Moneys shall be subject to a Lien in favor of the Trustee and shall be held by the Trustee for the benefit of the Holders as a part of the Collateral, provided that, notwithstanding the foregoing, at all times prior to the Bank Credit Agreement Payment Date, the Trustee shall not be entitled or required to hold such Trust Moneys so long as the Company shall have caused the Banks (or an agent or representative on their behalf) to comply with the requirements of Section 4.05 hereof with respect to such Trust Moneys. Prior to the Bank Credit Agreement Payment Date, the Trustee shall have no right to require any particular application, or to direct the application, of any Trust Moneys (except that, to the extent Trust Moneys constitute Net Cash Proceeds of an Asset Sale, the Company agrees that such Trust Moneys shall be applied as required under Section 3.09 of the Indenture). After the Bank Credit Agreement Payment Date, the Trustee shall apply Trust Moneys as follows:
