Common use of Money for Securities Payments to Be Held in Trust Clause in Contracts

Money for Securities Payments to Be Held in Trust. If PCS shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect of any Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will promptly notify the Trustee of its action or failure so to act. PCS will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will

Appears in 2 contracts

Samples: Potash Corporation of Saskatchewan Inc, Potash Corporation of Saskatchewan Inc

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Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts, and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalprincipal of (and premium, premium or interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will

Appears in 2 contracts

Samples: Indenture (Columbia Property Trust Operating Partnership, L.P.), Columbia Property Trust, Inc.

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Centerpoint Properties Trust, Centerpoint Properties Trust

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it the Issuer will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it the Issuer will, before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

Money for Securities Payments to Be Held in Trust. If PCS the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series Series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that seriesSeries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series Series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesSeries) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts interest, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company or the Guarantor, as the case may be, shall have one or more Paying Agents for any series Series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect of any Securities of that seriesSeries, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest Make-Whole Amount, if any, or Additional Amounts interest, if any, and (unless such Paying Agent is the Trustee) PCS the Company of the Guarantor, as the case may be, will promptly notify the Trustee of its action or failure so to act. PCS The Company or the Guarantor, as the case may be, will cause each Paying Agent for any Series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 2 contracts

Samples: Boston Properties LTD Partnership, Boston Properties LTD Partnership

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make- Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action section or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Indenture (Sun Communities Operating Limited Partnership), Indenture (Sun Communities Operating Limited Partnership)

Money for Securities Payments to Be Held in Trust. If PCS the Issuer or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Capital Lease (Capital Lease Funding Inc), Friedman Billings Ramsey Group Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) ), including Redemption Price and Repayment Price, or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, before prior to or on each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 2 contracts

Samples: Indenture (Chemtura CORP), Indenture (HomeCare Labs, Inc.)

Money for Securities Payments to Be Held in Trust. If PCS shall the ------------------------------------------------- Operating Partnership at any time act acts as its own Paying Agent with respect to any series of any Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect Amounts, if any, on any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make- Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS the Operating Partnership shall have one or more Paying Agents for any series of Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect of Amounts, if any, on any Securities of that such series, deposit with a Paying Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will the Operating Partnership shall promptly notify the Trustee of its action or failure so to act. PCS will The Operating Partnership shall cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 2 contracts

Samples: Cabot Industrial Trust, Cabot Industrial Properties Lp

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are of Securities is payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, before prior to each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest Make-Whole Amount or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 2 contracts

Samples: Boston Private Financial Holdings Inc, Boston Private Financial Holdings Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premiumof, if any) any premium or interest on or Additional Amounts in with respect to any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee in writing of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of (and premiumof, if any) any premium or interest on or any Additional Amounts in with respect of to any Securities of that such series, deposit with a any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and any premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee in writing of its action or failure so to act. PCS will The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 2 contracts

Samples: Validus Holdings (UK) PLC, Validus Holdings (UK) PLC

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 2 contracts

Samples: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premiumof, if any) any premium or interest on or Additional Amounts in or other amounts payable with respect to any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts or other amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of (and premiumof, if any) any premium or interest on or any Additional Amounts in or other amounts payable with respect of to any Securities of that such series, deposit with a any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts, Amounts or other amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 2 contracts

Samples: Cox Radio Inc, Cox Radio Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremiums or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will promptly notify the Trustee of its action or failure so to act. PCS will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent willor

Appears in 2 contracts

Samples: First Union Real Estate Equity & Mortgage Investments, First Union Real Estate Equity & Mortgage Investments

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-whole Amount, if any) ), or interest on or Additional Amounts Amounts, if any, in respect of any of the Securities of that series, segregate and hold in trust for Whenever the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts Amounts, if any, in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount, if any, or interest or Additional Amounts Amounts, if any, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 100310.3, that such Paying Agent will

Appears in 1 contract

Samples: Commercial Net Lease Realty Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsCoupons, it will, on or before each due date of the principal of (and premium, if any, on) or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsCoupons, it will, before prior to or on each due date of the principal of (and premium, if any, on) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Newell Co

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, by no later than 12 noon Eastern Standard Time on or before the day prior to each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold holder in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional AmountsAmount, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Novellus Systems Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts interest, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest Make-Whole Amount, if any, or Additional Amounts interest, if any, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Boston Properties LTD Partnership

Money for Securities Payments to Be Held in Trust. If PCS the Issuer, the Guarantor or an Affiliate of the Issuer or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) or interest and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) or interest and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts, and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalprincipal (and premium, premium or interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11 and the repurchase price upon repayment pursuant to Article 13) and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will

Appears in 1 contract

Samples: Americold Realty Operating Partnership, L.P.

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable or, in the case of interest payable in the form of additional Securities, such additional Securities, duly executed by the Company and authenticated by the Trustee (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)), sufficient to pay the principal (and premium, if any) or interest or Additional Amounts and interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) ), or, in the case of interest payable in the form of additional Securities, such additional Securities, duly executed by the Company and authenticated by the Trustee, sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum of money to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will cause each The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Form of Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums of money held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money (or additional Securities) deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series, or any coupon appertaining thereto, and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid (or delivered) to the provisions Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of this Section 1003such Security or any coupon appertaining thereto shall thereafter, that as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent willwith respect to such money (or additional Securities) held in trust, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Medallion Financial Corp

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any particular series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts and interest, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee for the Securities of such series of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any particular series of Securities and any related couponsSecurities, it willshall, before prior to each due date of the principal of (and premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that seriessuch Securities, deposit with a Paying Agent for the Securities of such series a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amountsand interest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the TrusteeTrustee for the Securities of such series) PCS will the Issuer shall promptly notify the such Trustee of its action or failure so to act. PCS will The Issuer shall cause each Paying Agent for any particular series of Securities other than the Trustee for the Securities of such series to execute and deliver to the such Trustee an instrument in which such Paying Agent shall agree with the such Trustee, subject to the provisions of this Section 1003, that such Paying Agent willshall:

Appears in 1 contract

Samples: Indenture (Acadia Realty Trust)

Money for Securities Payments to Be Held in Trust. If PCS shall the ------------------------------------------------- Company at any time act acts as its own Paying Agent with respect to any series of any Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect Amounts, if any, on any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) ----------- sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS shall have the Company has one or more Paying Agents for any series of Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect of Amounts, if any, on any Securities of that such series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will the Company shall promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Indenture (Homestead Village Inc)

Money for Securities Payments to Be Held in Trust. 53 If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 100310.3, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Price Legacy Corp)

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent PAYING AGENT with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premiumof, if any) any premium or interest on or Additional Amounts in with respect to any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents PAYING AGENTS for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of (and premiumof, if any) any premium or interest on or any Additional Amounts in with respect of to any Securities of that such series, deposit with a Paying Agent any PAYING AGENT a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent PAYING AGENT is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS will The Issuer shall cause each Paying Agent PAYING AGENT for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent PAYING AGENT shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willPAYING AGENT shall:

Appears in 1 contract

Samples: Indenture (Tanger Properties LTD Partnership /Nc/)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with in respect to of any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect on, any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified with respect to the Securities of such series pursuant to Section 301 for Securities of such series3.01) sufficient to pay the ------------ principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for the Securities of any series of Securities and any related couponsseries, it will, before prior to each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect on, any of any the Securities of that such series, deposit with a Paying Agent for the Securities of such series a sum (in the currency or currencies, currency unit or units or composite currency in which the Securities of such series are payable (except as otherwise specified with respect to the Securities of such series pursuant to Section 3.01 or currencies described in the preceding paragraphas otherwise provided by Section 10.02) ------------ ------------- sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for the Securities of any series other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Fortune Brands Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Corporation shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (and or premium, if any) or interest or Additional Amounts interest, if any, on 52 Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Corporation shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before prior to 10:00 a.m. (local time at the place of payment) on each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Corporation will promptly notify the Trustee of its action or failure so to act. PCS The Corporation will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Transalta Corp)

Money for Securities Payments to Be Held in Trust. If PCS the Company or the Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal of (and or premium, if any) or interest or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before prior to or on each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee in writing of its action or failure so to act. PCS The Company will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Encana Corp

Money for Securities Payments to Be Held in Trust. If PCS ------------------------------------------------- the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e) ) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Worldcom Inc /Ga/)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act; provided that if such deposit is made on the due date, such deposit shall be received by the Paying Agent by 10:00 a.m. New York City time, on such date. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will cause each The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, the Company and any such Paying Agent shall agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the provisions Company upon Company Request or (if then held by the Company) shall be discharged from such trust; and the Holder of this Section 1003such Security shall thereafter, that as an unsecured general creditor, look only to the Company for payment of such principal, premium or interest on any Security, without interest thereon, and all liability of the Trustee or such Paying Agent willwith respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Jetblue (Jetblue Airways Corp)

Money for Securities Payments to Be Held in Trust. If PCS the Partnership shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which 62 69 the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Partnership shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Partnership will promptly notify the Trustee of its action or failure so to act. PCS The Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Gables Realty Limited Partnership

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Indenture Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Indenture Trustee) PCS the Company will promptly notify the Indenture Trustee of its action or failure so to act. PCS will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will.

Appears in 1 contract

Samples: Lexington Corporate Properties Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of of, premium (and premium, if any) or interest on or Additional Amounts in with respect to any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee in writing of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of of, premium (and premium, if any) or interest on or any Additional Amounts in with respect of to any Securities of that such series, deposit with a any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal principal, premium (and premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee in writing of its action or failure so to act. PCS will The Company shall cause each Paying Agent for any series of Securities other than the Trustee or the Company to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Indenture (Sirius International Insurance Group, Ltd.)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series Series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that seriesSeries, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series Series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such seriesSeries) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts interest, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series Series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest interest, if any, on or Additional Amounts in respect of any Securities of that seriesSeries, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest Make-Whole Amount, if any, or Additional Amounts interest, if any, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any Series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Boston Properties LTD Partnership

Money for Securities Payments to Be Held in Trust. If PCS shall the Company at any time act acts as its own Paying Agent with respect to any series of any Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect Amounts, if any, on any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS shall have the Company has one or more Paying Agents for any series of Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect of Amounts, if any, on any Securities of that such series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will the Company shall promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Security Capital Atlantic Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series the Securities of any Securities and any related couponsseries, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest on on, or any Additional Amounts in with respect to, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or any premium and interest or and Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for the Securities of any series of Securities and any related couponsCoupons, it will, before on or prior to each due date of the principal of (and premium, if any) or any premium or interest on on, or any Additional Amounts in with respect of to, any Securities of that series, deposit with a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies described Currencies in which the preceding paragraphSecurities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series)) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming duesuch amount, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for the Securities of any series, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willwill (i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent, (ii) during the continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of that series, and (iii) hold all sums held by it for the payment of the principal of, any premium or interest on or any Additional Amounts with respect to Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as provided in or pursuant to this Indenture. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or any premium or interest on or any Additional Amounts with respect to any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, premium or interest or Additional Amount has become due and payable shall be paid to the Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once in an Authorized Newspaper in each Place of Payment for such series or mailed to Holders of Registered Securities entitled to such money notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Sola International Inc

Money for Securities Payments to Be Held in Trust. If PCS the Partnership shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so 62 69 becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Partnership shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Partnership will promptly notify the Trustee of its action or failure so to act. PCS The Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Summit Properties Partnership L P

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as may otherwise be specified pursuant to Section 301 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (and or premium, if any) or interest or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee in writing of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before prior to or on each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee in writing of its action or failure so to act. PCS The Company will cause the bank through which payment of funds to the Paying Agent will be made to deliver to the Paying Agent by 10:00 a.m. (New York Time) two Business Days prior to the due date of such payment an irrevocable confirmation (by tested telex or authenticated Swift MT 100 Message) of its intention to make such payment. The Company will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (CI Financial Corp.)

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsCoupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related couponsCoupons, it will, before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Simon Property Group Lp)

Money for Securities Payments to Be Held in Trust. If PCS ------------------------------------------------- the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect on, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons Per sons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts in respect of on, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding pre- ceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amountsinterest, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalprincipal (and premium, premium if any) or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: NVR Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsAgent, it will, on or before each due date of the principal of or any premium or interest (and premiumincluding Additional Interest, if any) or interest on or Additional Amounts in respect any of any Securities of that seriesthe Securities, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal principal, Redemption Price and Fundamental Change Purchase Price of, and any premium or interest (and premiumincluding Additional Interest, if any) or interest or Additional Amounts ), on the Securities so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsAgents, it will, before on or prior to each due date of the principal of principal, Redemption Price and Fundamental Change Purchase Price of, or any premium or interest (and premiumincluding Additional Interest, if any) or interest ), on or Additional Amounts in respect of any Securities of that seriesSecurities, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming duesuch amount, such sum to be held in trust for as provided by the benefit of the Persons entitled to such principalTrust Indenture Act, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 10034.03, that such Paying Agent willwill (a) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent (b) that it will hold all sums held by it as such agent for the payment of the principal of or interest (including Additional Interest, if any), on the Securities (whether such sums have been paid to it by the Company or by any other obligor on the Securities) in trust for the benefit of Holders; (c) that it will give the Trustee notice of any failure by the Company (or by any other obligor on the Securities) to make any payment of the principal, Redemption Price and Fundamental Change Purchase Price of, or interest (including Additional Interest, if any), on the Securities when the same shall be due and payable; and (d) during the continuance of any default by the Company (or any other obligor upon the Securities) in the making of any payment in respect of the Securities, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities. The Company shall, on or before each due date of the principal, Redemption Price and Fundamental Change Purchase Price of or interest (including Additional Interest, if any), on the Securities, deposit with the paying agent a sum (in funds which are immediately available on the due date for such payment) sufficient to pay such principal, Redemption Price and Fundamental Change Purchase Price of, or interest (including Additional interest, if any) on the Securities, and (unless such Paying Agent is the Trustee) the Company will promptly notify the Trustee of any failure to take such action; provided, however, that if such deposit is made on the due date, such deposit shall be received by the Paying Agent by 10:00 a.m. New York City time, on such date. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money.

Appears in 1 contract

Samples: Indenture (Grubb & Ellis Co)

Money for Securities Payments to Be Held in Trust. If PCS ------------------------------------------------- the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 312(b), 312(d) and 312(e)) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Level 3 Communications Inc

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Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and 65 (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Shurgard Storage Centers Inc)

Money for Securities Payments to Be Held in Trust. If PCS the ------------------------------------------------- Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, Make-Whole Amount, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Frontier Corp /Ny/

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. In case of the pendency of any receivership, insolvency, liquidation, bankruptcy, reorganization, arrangement, adjustment, composition or other judicial proceeding relative to the Company, the Trustee shall serve as the Paying Agent and conversion agent (if any) for the Securities. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremiums or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Wellsford Residential Property Trust)

Money for Securities Payments to Be Held in Trust. If PCS the ------------------------------------------------- Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts interested so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying paying Agents for any series of Securities and any related coupons, it will, or on before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) paragraph sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum sums to be held paid in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will promptly Make-Whole Amount, notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Trinet Corporate Realty Trust Inc

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will promptly notify the Trustee of its action or failure so to act. PCS will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent willpreceding

Appears in 1 contract

Samples: Piedmont Office Realty Trust, Inc.

Money for Securities Payments to Be Held in Trust. If PCS the Corporation shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsCoupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.1 for the Securities of such seriesseries and except, if applicable, as provided in Sections 3.12(b), 3.12(d) and 3.12(e)) sufficient to pay the principal of (and or premium, if any) or interest or Additional Amounts interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Corporation shall have one or more Paying Agents for any series of Securities and any related couponsCoupons, it will, before prior to 10:00 am (local time at the place of payment) on each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Corporation will promptly notify the Trustee of its action or failure so to act. PCS The Corporation will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Transalta Corp)

Money for Securities Payments to Be Held in Trust. If PCS the Company or the Guarantor shall at any time act as its own the Company’s Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premiumof, if any) any premium or interest on or Additional Amounts in with respect to, any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of (and premiumof, if any) any premium or interest on or any Additional Amounts in with respect of to, any Securities of that such series, deposit with a any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Reconciliation And (Bbva Subordinated Capital, S.A. Unipersonal)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons Person or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsCoupons, it will, on or before each due date of the principal of (and premium, if any, on) or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) series sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsCoupons, it will, before prior to or on each due date of the principal of (and premium, if any, on) or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent (other than the Trustee Trustee) for any series of Securities to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Newell Co)

Money for Securities Payments to Be Held in Trust. 57- If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Friedmans Management Corp

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and of, premium, if any) , or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and principal, premium, if any) or , interest or Additional Amounts Amounts, as the case may be, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company and the Guarantors shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and of, premium, if any) , or interest on or any Additional Amounts in with respect of to any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and principal, premium, if any) or , interest or Additional Amounts, and additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company and the Guarantors will promptly notify the Trustee of its action or failure so to act. PCS The Company and the Guarantors will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Harley Davidson Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company or the Guarantor shall at any time act as its own the Company’s Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premiumof, if any) any premium or interest on or Additional Amounts in with respect to, any of any the Securities of that such series, segregate and hold in trust for the benefit of 72 the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 3.01 for the Securities of such series) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of (and premiumof, if any) any premium or interest on or any Additional Amounts in with respect of to, any Securities of that such series, deposit with a any Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and or any premium, if any) or interest or Additional Amounts, Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Indenture (BBVA International Preferred, S.A. Unipersonal)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and of, premium, if any) , or interest on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and principal, premium, if any) or , interest or Additional Amounts Amounts, as the case may be, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company and the Guarantor shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and of, premium, if any) , or interest on or any Additional Amounts in with respect of to any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and principal, premium, if any) or , interest or Additional Amounts, and additional Amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS the Company and the Guarantor will promptly notify the Trustee of its action or failure so to act. PCS The Company and the Guarantor will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Harley Davidson Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such 55 series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremiums or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Payment Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Amb Property Lp)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS -57- The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Centerpoint Properties Trust

Money for Securities Payments to Be Held in Trust. If PCS the Issuer or a Guarantor shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it willshall, on or before each due date of the principal of (and premium, if any) or any premium or interest on or Additional Amounts in respect any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal and any premium and interest (and premium, if any) or interest or Additional Amounts and Successor Additional Amounts) so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will shall promptly notify the Trustee in writing of its action or failure so to act. 57 Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it willshall, before on or prior to each due date of the principal of or any premium or interest (and premium, if any) or interest on or Additional Amounts in respect of and Successor Additional Amounts) on any Securities of that such series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay such amount and with sufficient time to meet any applicable payment system deadline to make such payment in respect of the principal (and premium, if any) or interest or Additional Amounts, so becoming dueSecurities of each such series, such sum to be held in trust for the benefit of the Persons entitled to such principal, principal or any premium or interest or Additional Amounts interest, and (unless such Paying Agent is the Trustee) PCS will the Issuer shall promptly notify the Trustee in writing of its action or failure so to act. PCS will The Issuer shall cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall (1) hold all sums held by it for the payment of the principal of, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided, (2) give the Trustee notice of any default by the Issuer (or any other obligor upon the Securities of such series) in the making of any payment of principal, premium, if any, or interest (or Additional Amounts or Successor Additional Amounts) on the Securities of such series or any Guarantee and (3) during the continuance of any default by the Issuer or a Guarantor (or any other obligor upon the Securities of such series) in the making of any payment in respect of the Securities of such series or any Guarantee, upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of such series or such Guarantee(s). The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Issuer or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Issuer or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Issuer or a Guarantor, in trust for the payment of the principal of or any premium or interest (or Additional Amounts or Successor Additional Amounts) on any Security of any series and remaining unclaimed for two years after such principal, premium, interest (or Additional Amounts or Successor Additional Amounts) has become due and payable shall, upon receipt of a Issuer Request, be paid to the Issuer or a Guarantor by the Trustee or such Paying Agent, or (if then held by the Issuer or a Guarantor) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Issuer or a Guarantor for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer or such Guarantor as trustee thereof, shall thereupon cease.

Appears in 1 contract

Samples: Amcor Flexibles North America, Inc.

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent by 10:00 a.m. a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Arden Realty LTD)

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, by no later than 12 noon Eastern Standard Time on or before the day prior to each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold holder in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional AmountsAmount, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will promptly notify the Trustee of its action or failure so to act. PCS will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent willand

Appears in 1 contract

Samples: SDL Inc

Money for Securities Payments to Be Held in Trust. If PCS the Trust shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Trust shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium premium, Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Trust will promptly notify the Trustee of its action or failure so to act. PCS The Trust will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (United Dominion Realty Trust Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Partnership shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Partnership shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Partnership will promptly notify the Trustee of its action or failure so to act. PCS The Partnership will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Gables Realty Limited Partnership)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies Currency in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such seriesseries and except, if applicable, as provided in Sections 311(b), 311(d) and 311(e)) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and interest, if any, on Securities of such series so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and or premium, if any) or interest interest, if any, on or Additional Amounts in respect of any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies Currency described in the preceding paragraph) sufficient to pay the principal (and or premium, if any) or interest or Additional Amountsinterest, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS will cause each The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent other than the Trustee to execute and deliver pay, to the Trustee an instrument all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall agree be released from all further liability with respect to such sums. Except as otherwise provided in the Securities of any series, any money deposited with the TrusteeTrustee or any Paying Agent, subject or then held by the Company, in trust for the payment of the principal of (or premium, if any) or interest, if any, on any Security of any series and remaining unclaimed for two years after such principal, premium or interest has become due and payable shall be paid to the provisions Company upon Company Request or (if then held by the Company) shall be discharged from such trust; and the Holder of this Section 1003such Security shall thereafter, that as an unsecured general creditor, look only to the Company for payment of such principal, premium or interest on any Security, without interest thereon, and all liability of the Trustee or such Paying Agent willwith respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease.

Appears in 1 contract

Samples: Lci International Inc /Va/

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action section or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Frontier Corp /Ny/)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or Make-Whole Amount or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Centerpoint Properties Corp

Money for Securities Payments to Be Held in Trust. If PCS shall ------------------------------------------------- the Company at any time act acts as its own Paying Agent with respect to any series of any Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make- Whole Amount, if any, on) or interest on or Additional Amounts in respect Amounts, if any, on any of any the Securities of that such series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of ----------- such series) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts Amounts, if any, so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will shall promptly notify the Trustee of its action or failure so to act. Whenever PCS shall have the Company has one or more Paying Agents for any series of Securities and any related couponscoupons appertaining thereto, it willshall, on or before each due date of the principal of (and premiumpremium or Make-Whole Amount, if any, on) or interest on or Additional Amounts in respect of Amounts, if any, on any Securities of that such series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premiumpremium or Make-Whole Amount, if any) or interest or Additional Amounts, if any, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or premium, Make-Whole Amount, interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS will the Company shall promptly notify the Trustee of its action or failure so to act. PCS will The Company shall cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willshall:

Appears in 1 contract

Samples: Homestead Village Inc

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series the Securities of any Securities and any related couponsseries, it will, on or before each due date of the principal of (and premium, if any) or any premium or interest on on, or any Additional Amounts in with respect to, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency Currency or currencies, currency unit or units or composite currency or currencies Currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or any premium and interest or and Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for the Securities of any series of Securities and any related couponsCoupons, it will, before on or prior to each due date of the principal of (and premium, if any) or any premium or interest on on, or any Additional Amounts in with respect of to, any Securities of that series, deposit with a Paying Agent a sum (in the currency Currency or currencies, currency unit or units or composite currency or currencies described Currencies in which the preceding paragraphSecurities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series)) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming duesuch amount, such sum to be held in trust for the benefit of the Persons entitled to such principalthereto, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for the Securities of any series, other than the Trustee Trustee, to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent willwill (i) comply with the provisions of the Trust Indenture Act applicable to it as a Paying Agent, (ii) during the continuance of any default by the Company (or any other obligor upon the Securities of that series) in the making of any payment in respect of the Securities of that series, and upon the written request of the Trustee, forthwith pay to the Trustee all sums held in trust by such Paying Agent for payment in respect of the Securities of that series, and (iii) hold all sums held by it for the payment of the principal of, any premium or interest on or any Additional Amounts with respect to Securities of such series in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as provided in or pursuant to this Indenture. The Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Company Order direct any Paying Agent to pay, to the Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Trustee upon the same trusts as those upon which such sums were held by the Company or such Paying Agent; and, upon such payment by any Paying Agent to the Trustee, such Paying Agent shall be released from all further liability with respect to such money. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of or any premium or interest on or any Additional Amounts with respect to any Security of any series or any Coupon appertaining thereto and remaining unclaimed for two years after such principal, premium or interest or Additional Amount has become due and payable shall be paid to the Company upon Company Request, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being -------- ------- required to make any such repayment, may at the expense of the Company cause to be published once in an Authorized Newspaper in each Place of Payment for such series or mailed to Holders of Registered Securities entitled to such money notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such publication or mailing, any unclaimed balance of such money then remaining will be repaid to the Company.

Appears in 1 contract

Samples: Covenants (Sola International Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, before each due date of the principal of (and premium, if any) ), or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) or interest or Additional Amounts, so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principal, premium or interest or Additional Amounts and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Duke Realty Investments Inc)

Money for Securities Payments to Be Held in Trust. If PCS the Company shall at any time act as its own Paying Agent with respect to any series of any Securities and any related couponsSecurities, it will, on or before each due date of the principal of (and premiumAmount Payable at Maturity or Cash Interest or any other amounts due on, if any) or interest on or Additional Amounts in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which Securities of such series are payable (except as otherwise specified pursuant to Section 301 for Securities of such series) sufficient to pay the principal (and premium, if any) Amount Payable at Maturity or interest Cash Interest or Additional Amounts any other amounts so becoming due until such sums sum shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, provided and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Company shall have one or more Paying Agents for any series of Securities and any related couponsSecurities, it will, before prior to each due date of the principal of (and premiumAmount Payable at Maturity or Cash Interest or any other amounts due on, if any) or interest on or Additional Amounts in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal (and premium, if any) Amount Payable at Maturity or interest Cash Interest or Additional Amounts, any other amounts so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalAmount Payable at Maturity or Cash Interest or any other amounts due on, premium or interest or Additional Amounts in respect of, any Securities and (unless such Paying Agent is the Trustee) PCS the Company will promptly notify the Trustee of its action or failure so to act. PCS The Company will cause each Paying Agent for any series of Securities other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003Section, that such Paying Agent will:

Appears in 1 contract

Samples: Inco LTD

Money for Securities Payments to Be Held in Trust. If PCS the Issuer shall at any time act as its own Paying Agent with respect to any series of any Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of, any of any the Securities of that series, segregate and hold in trust for the benefit of the Persons entitled thereto a sum in the currency or currencies, currency unit or units or composite currency or currencies in which the Securities of such series are payable (except as otherwise specified pursuant to Section 301 for the Securities of such series) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due until such sums shall be paid to -62- 71 such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever PCS the Issuer shall have one or more Paying Agents for any series of Securities and any related coupons, it will, on or before each due date of the principal of (and premium, if any) or interest on or Additional Amounts and Interest (including the Redemption Price upon redemption pursuant to Article 11) in respect of of, any Securities of that series, deposit with a Paying Agent a sum (in the currency or currencies, currency unit or units or composite currency or currencies described in the preceding paragraph) sufficient to pay the principal of (and premium, if any) or interest or Additional Amounts, and Interest (including the Redemption Price upon redemption pursuant to Article 11) so becoming due, such sum to be held in trust for the benefit of the Persons entitled to such principalprincipal of (and premium, premium or interest or Additional Amounts if any) and Interest (including the Redemption Price upon redemption pursuant to Article 11) and (unless such Paying Agent is the Trustee) PCS the Issuer will promptly notify the Trustee of its action or failure so to act. PCS The Issuer will cause each Paying Agent other than the Trustee to execute and deliver to the Trustee an instrument in which such Paying Agent shall agree with the Trustee, subject to the provisions of this Section 1003, that such Paying Agent will

Appears in 1 contract

Samples: Indenture (Piedmont Operating Partnership, LP)

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