Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 28 contracts
Samples: Supplemental Indenture (Vector Group LTD), Indenture (Calpine Corp), Escrow Agreement (Itron Inc /Wa/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 22 contracts
Samples: Indenture (B&G Foods, Inc.), Intercreditor Agreement (APi Group Corp), Indenture (APi Group Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 14 contracts
Samples: Post Holdings, Inc., Supplemental Indenture (Post Holdings, Inc.), Supplemental Indenture (Post Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 14 contracts
Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 13 contracts
Samples: Paying Agent (H&E Equipment Services, Inc.), Indenture (Sabine Pass LNG, L.P.), Indenture (Dycom Industries Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture Indenture, the Notes, and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 13 contracts
Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Registration Rights Agreement (Cleveland-Cliffs Inc.), Intercreditor Agreement (Cleveland-Cliffs Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 13 contracts
Samples: Indenture (Sitio Royalties Corp.), Supplemental Indenture (CVR Energy Inc), Indenture (Parsley Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 12 contracts
Samples: Indenture (Vector Group LTD), Indenture (Innophos Investment Holdings, Inc.), Indenture (Herbst Gaming Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, interest or interest Special Interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 12 contracts
Samples: Indenture (Coeur Mining, Inc.), Indenture (Hecla Mining Co/De/), Indenture (Coeur D Alene Mines Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 12 contracts
Samples: Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP), Conveyance and Assumption Agreement (Targa Resources Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 11 contracts
Samples: Intercreditor Agreement (Carvana Co.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Special Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 11 contracts
Samples: Mortgage, Security Agreement (Titan International Inc), Indenture (Global Crossing LTD), Indenture (Titan International Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this the Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Indenture (Metaldyne Corp), Trico Marine Services (Trico Marine Services Inc), Indenture (Synagro Technologies Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC), Supplemental Indenture (Sensata Technologies Holding PLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 10 contracts
Samples: Supplemental Indenture (CVR Energy Inc), Supplemental Indenture (Callon Petroleum Co), Intercreditor Agreement (Callon Petroleum Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 9 contracts
Samples: Indenture (RathGibson Inc), Execution Copy (M & F Worldwide Corp), Execution Copy (M & F Worldwide Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 9 contracts
Samples: Indenture (Antero Midstream Corp), Indenture (Holly Energy Partners Lp), Indenture (Antero Midstream Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Supplemental Indenture and the Notes and the Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Satisfaction and Discharge of Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Additional Amounts, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars cash or non-callable Government Securities in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or non-callable Government Securities held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp), Indenture (Essex Portfolio Lp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Indenture (Energy Xxi (Bermuda) LTD), Indenture (Energy Xxi (Bermuda) LTD)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 8 contracts
Samples: Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers or any Guarantor make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Indenture (Forbes Energy Services Ltd.), Notes Purchase Agreement (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Intercreditor Agreement (Sabre Corp), Intercreditor Agreement (Sabre Corp), Indenture (Sabre Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 SECTIONS 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 SECTIONS 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 SECTIONS 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Supplemental Indenture (Custom Truck One Source, Inc.), Indenture (VERRA MOBILITY Corp), Indenture (Nathans Famous Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 7 contracts
Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, or interest and Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 6 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Avis Budget Group, Inc.), Supplemental Indenture (IAA Spinco Inc.)
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 6 contracts
Samples: Indenture (CGG), Supplemental Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantorsany applicable guarantors’ obligations under this Indenture and the applicable Notes and the Note Guarantees guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Bally's Corp), Indenture (TimkenSteel Corp), Great Elm Group, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Supplemental Indenture (Denton Telecom Holdings I, L.L.C.), Supplemental Indenture (Newmarket Corp), Supplemental Indenture (Broder Bros Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Thor Industries Inc), Indenture (Owens & Minor Inc/Va/), Owens & Minor Inc/Va/
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will any Guarantor’s obligations under this Indenture and its Subsidiary Guarantee shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes has made any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or Section 8.03 hereofof this Indenture, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof of this Indenture until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereofof this Indenture, as the case may be; provided, however, provided that, if the Company makes any payment of principal ofprincipal, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 5 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp), Indenture (Ladder Capital Corp)
Reinstatement. If the Trustee or Paying Agent paying agent is unable to apply any Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the GuarantorsIssuers’ obligations under this the Indenture and the Notes and the Note Subsidiary Guarantors’ obligations under the Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent paying agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on, on any Note following the reinstatement of its their obligations, the Company will Issuers shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agentpaying agent.
Appears in 5 contracts
Samples: Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp), Indenture (Plains All American Pipeline Lp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Supplemental Indenture (Herbalife Ltd.), Indenture (Herbalife Nutrition Ltd.), Supplemental Indenture (Herbalife Nutrition Ltd.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp), Indenture (Six Flags Entertainment Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSections 10.01 and 10.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 Sections 10.01 and 10.02 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 Sections 10.01 and 10.02 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest onor Additional Interest, if any, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Sba Communications Corp), Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 7.02 or 8.03 7.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 7.02 or 8.03 7.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Credit Agreement (Alpha Natural Resources, Inc.), Indenture (Alpha Natural Resources, Inc.), Indenture (Massey Energy Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: First Supplemental Indenture (Jarden Corp), Alltrista Corp, Central Garden & Pet Company
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.. ARTICLE NINE AMENDMENTS, SUPPLEMENTS AND WAIVERS
Appears in 4 contracts
Samples: Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America), Supplemental Indenture (Corrections Corp of America)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc)
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, or premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 4 contracts
Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s obligations of the Company and the Guarantors’ obligations Subsidiary Guarantors under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, Section 8.3 or 8.03 hereof Section 8.8 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (SYNAPTICS Inc), Indenture (Unisys Corp), Indenture (Group 1 Automotive Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations hereunder and under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Viper Energy Partners LP), Supplemental Indenture (Oasis Petroleum Inc.), Indenture (Rattler Midstream Lp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Supplemental Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc), Supplemental Indenture (Metropcs Communications Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 or Section 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes Notes, the Guarantees and the Note Guarantees will Security Documents shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or Section 8.03 hereof, as the case may be; provided, however, provided that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Benefit Holding, Inc.), Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Special Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Stanadyne Corp, Titan Distribution, Inc, Amscan Holdings Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations hereunder and under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Special Interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.), Supplemental Indenture (Diamondback Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Icon Health & Fitness Inc), Indenture (Block Communications Inc), Indenture (Icon Health & Fitness Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers' and the Guarantors’ ' obligations under this Indenture and Indenture, the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium or Special Interest, if any, or interest on, on any Note following the reinstatement of its their obligations, the Company Issuers will be subrogated to the rights of the Holders Holder of such Notes Note to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Delta Energy Center, LLC, Calpine Corp, Delta Energy Center, LLC
Reinstatement. If the Trustee or a Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.02, 8.03 or 8.03 8.05 hereof until such time as the Trustee or such Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.05 or 8.03 8.06 hereof, as the case may be; provided, however, that, if the Company or any Guarantor makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will then it shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Securities held by the Trustee or such Paying Agent.
Appears in 4 contracts
Samples: Indenture (CGG), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, provided that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, on any Note Notes following the reinstatement of its their obligations, the Company will Issuer shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 4 contracts
Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations Obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligationsObligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Greenfire Resources Ltd.), Indenture (Greenfire Resources Ltd.), backend.otcmarkets.com
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; providedPROVIDED, howeverHOWEVER, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Tsi Finance Inc, Ap Holdings Inc, Apcoa Standard Parking Inc /De/
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Sensata Technologies Holding PLC, Sensata Technologies Holding PLC, Indenture (Sensata Technologies Holding N.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes make any payment of principal of, premium, or interest or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Churchill Downs Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSections 10.01 and 10.02, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ 's obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 Sections 10.01 and 10.02 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 Sections 10.01 and 10.02 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest onor Additional Interest, if any, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Registration Rights Agreement (Sierra Pacific Resources /Nv/), Indenture (Cinemark Inc), Parker Drilling Co /De/
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Supplemental Indenture (W&t Offshore Inc), Indenture (Emergent BioSolutions Inc.), Paying Agent (MTS Systems Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: American Real Estate Partners L P, Stratosphere Leasing, LLC, Haights Cross Communications Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest or Special Interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Security and Control Agreement (Icahn Enterprises Holdings L.P.), Indenture (Teleflex Inc), Indenture (Icahn Enterprises Holdings L.P.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 Section 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 Section 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 Section 8.3 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (loanDepot, Inc.), Indenture (TripAdvisor, Inc.), loanDepot, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Cca Properties of America LLC), Om Group Inc, Corrections Corp of America
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Axiall Corp/De/), Intercreditor Agreement (Georgia Gulf Corp /De/), Supplemental Indenture (Polaner Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Passu Intercreditor Agreement (CPI Card Group Inc.), Joinder Agreement (Macy's, Inc.), Moneygram International Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 9.02 or 8.03 9.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 9.02 or 8.03 9.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 9.02 or 8.03 9.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumPrepayment Premium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.), Supplemental Indenture (Nuverra Environmental Solutions, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 11.02 or 8.03 11.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium , if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Foundation Coal Holdings, Inc., Dresser-Rand Group Inc., Dresser-Rand Group Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ Guarantor's obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof8.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or Accreted Value of or premium or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp), Indenture (Covanta Energy Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars money or non-callable Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be, by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.01, 8.02 or 8.03 hereof 8.03, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes has made any payment of principal of, premium, if any, or interest on, on any Note following Notes because of the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv), Indenture (Kansas City Southern)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the related Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note the Notes following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Signatures (Spirit AeroSystems Holdings, Inc.), Signatures (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Trinseo S.A.), Indenture (Trinseo S.A.), Indenture (Trinseo S.A.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, on, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated subrogate d to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Civitas Resources, Inc.), Supplemental Indenture (Civitas Resources, Inc.), Indenture (Bonanza Creek Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 11.02 or 8.03 11.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 11.02 or 8.03 11.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Supplemental Indenture (Regency Energy Partners LP), Third Supplemental Indenture (Regency Energy Partners LP), First Supplemental Indenture (Regency Energy Partners LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Liquidated Damages, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (GXS Corp), Indenture (Hughes Supply Inc), Indenture (Neomarkers Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, premium or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Healthcare Realty Holdings, L.P.), Healthcare Realty Holdings, L.P., Healthcare Realty Holdings, L.P.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations Obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligationsObligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 3 contracts
Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD), Indenture (Appvion, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any money or Dollars or U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 Section 8.2 or 8.03 8.3 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 Section 8.2 or 8.03 8.3 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 Section 8.2 or 8.03 8.3 hereof, as the case may be; provided, however, that, if the Company makes Issuer make any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money or U.S. Government Obligations held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Ryan Specialty (Ryan Specialty Group Holdings, Inc.), Indenture (Dun & Bradstreet Holdings, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities government securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Operating Partnership makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company Operating Partnership will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars money or non-callable Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be, by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ 's obligations under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.01, 8.02 or 8.03 hereof 8.03, as the case may be, until such time as the Trustee or Paying Agent is permitted to apply all such money or Government Securities in accordance with Section 8.01, 8.02 or 8.03 hereof8.03, as the case may be; provided, however, provided that, if the Company makes has made any payment of principal of, premium, if any, or interest on, on any Note following Notes because of the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money or Government Securities held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (TFM Sa De Cv), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s Issuers’ and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes Issuers make any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuers will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Endo International PLC), Paying Agent (Endo International PLC)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest (including Special Interest, if any) on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: United Air Lines Inc, United Air Lines Inc
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees note guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal ofprincipal, interest (including special interest, if any) and premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Subsidiary Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (DRS Technologies Inc), Supplemental Indenture (DRS Technologies Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ Guarantor’s obligations under this Indenture and the Notes and the Note Guarantees Guarantee will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 12.02 or 8.03 12.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 12.02 or 8.03 12.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Sabra Health Care REIT, Inc., Care Capital Properties, Inc.
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest interest, if any, on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 8.2, 8.3 or 8.03 hereof8.8, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s obligations of the Company and the Guarantors’ obligations Subsidiary Guarantors under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, 8.3 or 8.03 hereof 8.8 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2, 8.3 or 8.03 hereof8.8, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Playtika Holding Corp.), Indenture (Cars.com Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities Obligations in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Aci Worldwide, Inc.), Supplemental Indenture (Digitalglobe, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority Governmental Authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium or Additional Interest, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Interhealth Facility Transport, Inc.), TB Wood's INC
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable U.S. Government Securities in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and obligations of the Guarantors’ obligations Company under this Indenture and the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 8.2, Section 8.3 or 8.03 hereof Section 8.8 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 8.2, Section 8.3 or 8.03 hereofSection 8.8, as the case may be; provided, however, that, if the Company makes any payment of principal of, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. United States dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Viasystems Group Inc), Monitoring and Oversight Agreement (Viasystems Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 7.02 or 8.03 hereof7.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this the Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 7.02 or 8.03 hereof 7.03 until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 7.02 or 8.03 hereof7.03, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Charles River Laboratories International, Inc.), Supplemental Indenture (Charles River Laboratories International Inc)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the CompanyIssuer’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereof, as the case may be; provided, however, that, if the Company Issuer makes any payment of principal of, premium, if any, or interest on, any Note following the reinstatement of its obligations, the Company Issuer will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s 's and the Guarantors’ ' obligations under this Indenture and Indenture, the Notes and the Note Guarantees will shall be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or Section 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 hereofSection 8.03, as the case may be; provided, however, provided that, if the Company makes any payment of principal ofprincipal, premium, if any, or interest on, on any Note following the reinstatement of its obligations, the Company will shall be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals Inc.)
Reinstatement. If the Trustee or Paying Agent is unable to apply any U.S. dollars or non-callable Government Securities in accordance with Section 8.02 or 8.03 8.03 hereof, as the case may be, by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application, then the Company’s and the Guarantors’ obligations under this Indenture and the Notes and the Note Guarantees will be revived and reinstated as though no deposit had occurred pursuant to Section 8.02 or 8.03 8.03 hereof until such time as the Trustee or Paying Agent is permitted to apply all such money in accordance with Section 8.02 or 8.03 8.03 hereof, as the case may be; provided, however, that, if the Company makes any payment of principal of, premiumpremium on, if any, or interest on, any Note following the reinstatement of its obligations, the Company will be subrogated to the rights of the Holders of such Notes to receive such payment from the money held by the Trustee or Paying Agent.
Appears in 2 contracts
Samples: Supplemental Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)
