Common use of Application by Trustee of Monies Deposited With It Clause in Contracts

Application by Trustee of Monies Deposited With It. Any deposit of monies by the Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of Contingent Payments and any Make-Whole Amount on any Securities shall be subject to the provisions of Sections 13.1, 13.2, 13.3 and 13.5 hereof, except that, if prior to the opening of business on the second Business Day next prior to the date on which, by the terms of this Indenture, any such monies may become payable for any purpose, the Trustee shall not have received with respect to such monies the notice provided for in Section 13.6, then the Trustee shall have the full power and authority to receive such monies and to apply such monies to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date; without, however, limiting any rights that holders of Senior Debt may have to recover any such payments from the Holders in accordance with the provisions of this Article XIII.

Appears in 2 contracts

Samples: Indenture (Jazz Casino Co LLC), Jazz Casino Co LLC

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Application by Trustee of Monies Deposited With It. Any Except as provided in Section 8.04 any deposit of monies by the Company Issuer with the Trustee or any Paying Agent (whether or not in trust) for the payment of Contingent Payments and any Make-Whole Amount the principal of or interest on any Securities Notes shall be subject to the provisions of Sections 13.111.01, 13.211.02, 13.3 and 13.5 hereof11.03 or 11.04, except that, if prior to the opening of business on the second Business Day next prior to the date on which, which by the terms of this Indenture, Indenture any such monies may become payable for any purposepurpose (including, without limitation, the payment of either the principal or the interest on any Note), the Trustee shall not have received with respect to such monies the notice provided for in Section 13.611.06, then the Trustee shall have the full power and authority to receive such monies and to apply such monies the same to the purpose for which they were received, received and shall not be affected by any notice to the contrary which may be received by it on or after such date; , without, however, limiting any rights that holders of Senior Debt of the Issuer may have to recover any such payments from the Holders in accordance with the provisions of this Article XIII11.

Appears in 1 contract

Samples: Indenture (Hovnanian Enterprises Inc)

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Application by Trustee of Monies Deposited With It. Any deposit of monies by the Company with the Trustee or any Paying Agent (whether or not in trust) for the payment of Contingent Payments and any Make-Whole Amount on any Securities shall be subject to the provisions of Sections 13.1, 13.2, 13.3 and 13.5 hereof, except that, if prior to the opening of business on the second Business Day next prior to the date on which, by the terms of this Indenture, any such monies may become payable for any purpose, the Trustee shall not have received with respect to such monies the notice provided for in Section 13.6, then the Trustee shall have the full power and authority to receive such monies and to apply such monies to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date; without, however, limiting any rights that holders of Senior Debt may have to recover any such payments from the Holders in accordance with the provisions of this Article XIII.

Appears in 1 contract

Samples: Tia Indenture (Jazz Casino Co LLC)

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