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 two paragraphs of Section 10.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, for purposes of this Section, the "Trustee") pursuant to Section 13.04 in respect of the Outstanding Notes of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal and interest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. 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 13.04 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 the Outstanding Notes of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 13.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.

Appears in 1 contract

Samples: Indenture (American Freightways 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 two paragraphs of Section 10.0310.4, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- Trustee; collectively, for purposes of this Section, the "defeasance Trustee") pursuant to Section 13.04 10.4. in respect of the Outstanding a Series of Notes of such series shall be held in trust and applied by the defeasance Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company Issuer acting as its own Paying Agent) as the defeasance Trustee may determine, determine to the Holders of such Notes, of all sums due and to become due thereon in respect of principal and interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company Issuer shall pay and indemnify the defeasance Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 10.4. 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 the Outstanding Notes of such seriesSeries. Anything in this Article Thirteen Ten to the contrary notwithstanding, the defeasance Trustee shall deliver or pay to the Company Issuer from time to time upon Company Request Issuer Order any money or Government Obligations held by it as provided in Section 13.04 10.4. which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the defeasance Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance...

Appears in 1 contract

Samples: Indenture (Metrogas Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs paragraph of Section 10.031003, all money euros and German Government Euro Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- (collectively, for purposes of this SectionSection 1205, the "TrusteeTRUSTEE") pursuant to Section 13.04 1204 in respect of the Outstanding Notes of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal (and interest and Additional Amountspremium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the euros and the German Government Euro Obligations deposited with the Trustee pursuant to Section 13.04 1204 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 the Outstanding Notes of such seriesNotes. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money euros or German Government Euro Obligations held by it as provided in Section 13.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.

Appears in 1 contract

Samples: Messer Griesheim Holding Ag

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs paragraph of Section 10.031003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively, collectively for purposes of this SectionSection 1305, the "Trustee") pursuant to Section 13.04 1304 in respect of the Outstanding Notes Securities of such a particular series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal (and interest and Additional Amountspremium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. 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 13.04 1304 or the principal and interest received in respect thereof thereof, other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes Securities of such series. Anything in this Article Thirteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations held by it as provided in Section 13.04 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to effect be an equivalent defeasance or covenant defeasanceoriginal, but all such counterparts shall together constitute but one and the same instrument.

Appears in 1 contract

Samples: Indenture (Synergetics Usa Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs paragraph of Section 10.031003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectivelytrustee, collectively for purposes of this SectionSection 1205, the "Trustee") pursuant to Section 13.04 1204 in respect of the Outstanding Notes of such series Securities shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Securities of all sums due and to become due thereon in respect of principal (and interest and Additional Amountspremium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. Money and U.S. Government Obligations so held in trust are not subject to Article Thirteen. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 13.04 1204 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 the Outstanding Notes of such seriesthereof. Anything in this Article Thirteen Twelve to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request request any money or U.S. Government Obligations held by it as provided in Section 13.04 1204 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent legal defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Colortyme 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 two paragraphs of Section 10.0310.4, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- Trustee; collectively, for purposes of this Section, the "“defeasance Trustee") pursuant to Section 13.04 10.4 in respect of the Outstanding a Series of Notes of such series shall be held in trust and applied by the defeasance Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the defeasance Trustee may determine, to the Holders of such Notes, of all sums due and to become due thereon in respect of principal and interest and Additional Amounts, if anyinterest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the defeasance Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.04 10.4 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 the Outstanding Notes of such seriesSeries. Anything in this Article Thirteen Ten to the contrary notwithstanding, the defeasance Trustee shall deliver or pay to the Company from time to time upon Company Request Order any money or Government Obligations held by it as provided in Section 13.04 10.4 which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the defeasance Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance.

Appears in 1 contract

Samples: Indenture (Telefonica of Argentina Inc)

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last two paragraphs paragraph of Section 10.031003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectivelytrustee, collectively for purposes of this SectionSection 1405, the "Trustee") pursuant to Section 13.04 1404 in respect of the such Outstanding Notes of such series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Notes, Notes of all sums due and to become due thereon in respect of principal (and interest and Additional Amountspremium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. 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 13.04 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 the such Outstanding Notes of such seriesNotes. Anything in this Article Thirteen Fourteen to the contrary notwithstanding, the 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 13.04 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article.

Appears in 1 contract

Samples: Borg Warner Security Corp

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