Common use of Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Clause in Contracts

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee) pursuant to Section 1404 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amount, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(a) has been made, (i) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a currency, currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a) has been made in respect of such Security or (ii) a Conversion Event occurs in respect of the currency, currency unit or composite currency in which the deposit pursuant to Section 1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amount, if any, on), and interest and Additional Amounts, if any, on such Security as the same become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, the Trustee or such other qualifying trustee shall deliver or pay to the Company, from time to time upon Company Request, any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Security Capital Atlantic Inc

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Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1405, the 'Trustee') pursuant to Section 1404 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amount, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amount, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, subject to Section 606, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Company from time to time upon the Company Request, Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Carramerica Realty L P

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100310.3, all money and Government Obligations (or other property as may be provided pursuant to Section 3013.1) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 14.5, the "Trustee") pursuant to Section 1404 14.4 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amountpremium, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Money so held in trust shall not be subject to the provisions of Article 15. Unless otherwise specified with respect to any Security pursuant to Section 3013.1, if, after a deposit referred to in Section 1404(a14.4(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 3.1 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a14.4(a) has been made in respect of such Security Security, or (iib) a Currency Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a14.4(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Currency Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Currency Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Currency Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 14.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, subject to Section 6.7, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Company from time to time upon Company Request, Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 14.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Cd Radio Inc

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided PROVIDED pursuant to Section 301) (including the proceeds thereof) deposited with the a Trustee (or other qualifying trustee, collectively for purposes of this Section, the "Trustee") pursuant to Section 1404 in respect of any such Outstanding Securities of any series and any related coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any related coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the such Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any related coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amountpremium, if any) and interest and Additional Amountsinterest, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(a1404(1) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 312(b) or the terms of such Security to receive payment in a currency, currency unit or composite currency Currency other than that in which the deposit pursuant to Section 1404(a1404(1) has been made in respect of such Security Security, or (iib) a Conversion Event occurs as contemplated in Section 312(d) or 312(e) or by the terms of any Security in respect of the currency, currency unit or composite currency in which the deposit pursuant to Section 1404(a1404(1) has been made, the indebtedness represented by such Security and any related coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), ) and interest and Additional Amountsinterest, if any, on such Security as the same they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency unit or composite currency Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate Market Exchange Rate for such currency, currency unit or composite currency Currency in effect on the second third Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency unit or composite currency Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the such Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining theretorelated coupons. Anything in this Article Fourteen to the contrary notwithstanding, the such Trustee or such other qualifying trustee shall deliver or pay to the Company, Company from time to time upon Company Request, Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided PROVIDED in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (Husky Energy Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Trust acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amount, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amount, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Trust shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Trust from time to time upon Company Request, Trust Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (United Dominion Realty Trust Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds Proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amount, if anyany premium) and interest and an Additional Amounts, if any, but such money need be not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any an Security pursuant to Section 301, if, if after a deposit referred to in Section 1404(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, be fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, exceptor, with respect to a Conversion Event, in effect for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify the Trustee against any tax, taxi fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law bylaw is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Issuer from time to time upon Company Issuer Request, or the Guarantor, as the case may be, upon the Guarantor Request, any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.. ARTICLE FIFTEEN

Appears in 1 contract

Samples: Mack Cali Realty Corp

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Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Trust acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amountpremium, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Trust shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, subject to Section 606, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Trust from time to time upon Company Request, Trust Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.. ARTICLE FIFTEEN

Appears in 1 contract

Samples: Washington Real Estate Investment Trust

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100310.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3013.01) (including the proceeds thereof) deposited with the Indenture Trustee (or other qualifying trustee, collectively for purposes of this Section 14.05, the "Indenture Trustee") pursuant to Section 1404 14.04 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeIndenture Trustee, in accordance with the provisions of such Securities and any coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Indenture Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amountpremium, if any) and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3013.01, if, after a deposit referred to in Section 1404(a14.04(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 3.01 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a14.04(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a14.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds process yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes become payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Indenture Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 14.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, subject to Section 6.06, the Indenture Trustee or such other qualifying trustee shall deliver or pay to the Company, Company from time to time upon Company Request, Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 14.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeIndenture Trustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Lexington Corporate Properties Inc

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100310.03, all money and Government Obligations (or other property as may be provided pursuant to Section 3013.01) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 15.05, the "Trustee") pursuant to Section 1404 15.04 in respect of any Outstanding Securities of any series and any coupons appertaining thereto shall be held in trust and applied by the Trustee or such other qualifying trusteeTrustee, in accordance with the provisions of such Securities and any coupons 123 appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee or such other qualifying trustee may determine, to the Holders of such Securities and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium or Make-Whole Amountpremium, if any) and interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3013.01, if, after a deposit referred to in Section 1404(a15.04(a) has been made, (ia) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 3.01 or the terms of such Security to receive payment in a currency, currency or currency unit or composite currency other than that in which the deposit pursuant to Section 1404(a15.04(a) has been made in respect of such Security Security, or (iib) a Conversion Event occurs in respect of the currency, currency or currency unit or composite currency in which the deposit pursuant to Section 1404(a15.04(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium or Make-Whole Amountpremium, if any, on), and interest and Additional Amountsinterest, if any, on such Security as the same become becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the currency, currency or currency unit or composite currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable market exchange rate for such currency, currency or currency unit or composite currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such currency, currency or currency unit or composite currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 15.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any coupons appertaining thereto. Anything in this Article to the contrary notwithstanding, subject to Section 6.06, the Trustee or such other qualifying trustee shall deliver or pay to the Company, Issuer from time to time upon Company Request, Issuer Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 15.04 124 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee or such other qualifying trusteeTrustee, are in excess of the amount thereof which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Indenture (American Standard Companies Inc)

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