Common use of Repayment to Company Clause in Contracts

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 10 contracts

Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)

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Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 9 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Intermedia Communications Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 9 contracts

Samples: Indenture (Videotron Ltee), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Any money and U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, premium or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash money and securitiesU.S. Government Obligations, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 9 contracts

Samples: Senior Indenture (Navigators Group Inc), Senior Indenture (Harleysville Group Inc), Harleysville Group Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 9 contracts

Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 9 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Intermedia Communications Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Amounts, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Amounts, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 8 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 7 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 7 contracts

Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 7 contracts

Samples: Assignment and Assumption Agreement (Homer City Generation, L.P.), Indenture (Centene Corp), Indenture (Centene Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal (national THE WALL STREET JOURNAL National edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 7 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 6 contracts

Samples: Indenture (CSK Auto Corp), RFS Hotel Investors Inc, RFS Partnership Lp

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 6 contracts

Samples: Scotts Miracle-Gro Co, Scotts Miracle-Gro Co, Scotts Miracle-Gro Co

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 6 contracts

Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or and interest on on, if any, any Note Securities of such Series and remaining unclaimed for two years after such principal, premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Securities of such Series will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 6 contracts

Samples: Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp), Indenture (Toreador Resources Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Issuers cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Supplemental Indenture (NGL Energy Partners LP), Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest and Liquidated Damages on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD), Supplemental Indenture (Lyondell Chemical Nederland LTD)

Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Supplemental Indenture (Boyd Gaming Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Worldcom Inc, Worldcom Inc, Armstrong World Industries Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note Notes subject to a Legal Defeasance or a Covenant Defeasance and remaining unclaimed for two years after such principal, and premium, if any, or interest has interest, if any, have become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder Holders of such Notes shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Iron Mountain Incorporated (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 5 contracts

Samples: Trico Marine Services (Trico Marine Services Inc), Trico Marine Services (Trico Marine Services Inc), Supplemental Indenture (Trico Marine Services Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Supplemental Indenture (Cinemark Holdings, Inc.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note Debt Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 4 contracts

Samples: Calgon Carbon Corporation, Calgon Carbon Corporation, MOB Corp

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, Reduced Principal Amount of or premium or interest on any Note and remaining unclaimed for two years after such principalReduced Principal Amount, premium, if any, premium or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee trustees thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 4 contracts

Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Charles River Laboratories Inc), Condor Systems Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or and interest on on, if any, any Note Securities of any Series so affected and remaining unclaimed for two years after such principal, premium, if any, or interest and interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Securities of such Series will thereafter, as an unsecured creditor, be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 4 contracts

Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 4 contracts

Samples: United Musical Instruments Usa Inc, Mikohn (Mikohn Gaming Corp), Panolam Industries Inc

Repayment to Company. Subject The Trustee and the Paying Agent shall promptly notify the Company of, and pay to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by Company upon the written request of the Company, in trust any excess money held by them at any time. The Trustee and the Paying Agent shall pay to the Company upon the written request of the Company any money held by them for the payment of the principalprincipal of, premium, if any, or any accrued and unpaid interest on any Note and remaining or additional interest on, the notes that remains unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company2) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon ceaseyears; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company Company, cause to be published once, once in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition)or cause to be mailed to each Holder, notice stating that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification publication or publicationmailing, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company. After payment to the Company, Securityholders entitled to the money must look to the Company for payment as general creditors, subject to applicable law, and all liability of the Trustee and the Paying Agent with respect to such money and payment shall, subject to applicable law, cease.

Appears in 3 contracts

Samples: Indenture (Terremark Worldwide Inc), Indenture (Terremark Worldwide Inc), Certain Registration Rights Agreement (Terremark Worldwide Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Hanger Orthopedic Group Inc, Gallipolis Care LLC, Villa Pines Care LLC

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Beverly Enterprises Inc), Indenture (Rehabilitation Associates of Lafayette Inc), Indenture (Beverly Enterprises Distribution Services Inc)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note Security and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.

Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money or property then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (WillScot Corp), Guarantee (Tembec Industries Inc), Chetwynd Pulp Land Co Ltd.

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the written request and at the expense of the Company Issuers, cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP), Indenture (NGL Energy Partners LP)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two three years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Citizens Communications Co), Citizens Communications Co, Citizens Communications Co

Repayment to Company. Subject to any applicable laws relating to abandoned propertyunclaimed property law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Note will thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money or Government Securities, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and or The Wall Street Journal (national edition)Journal, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Forbes Energy Services Ltd.), Indenture (Forbes Energy Services LLC), Indenture (Forbes Energy Services Ltd.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two three years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years (or such shorter period of time for return of such monies to the Company under applicable abandoned property laws) after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, PROVIDED that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times THE NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Paramount Resources LTD), Paramount Resources LTD, Paramount Resources LTD

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash Any money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for the earlier of (i) two years after such principal, premium, if any, or interest has become due and payable and (ii) such time as the money or property escheats to the state, shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Indenture (Plantronics Inc /Ca/)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages or interest has become due and payable shall shall, subject to applicable escheat law, be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company or Guarantors for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Cenveo, Inc, Definitions And (Mail Well Inc), Mail Well Inc

Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Additional Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Revlon Consumer Products Corp), Indenture (Harland Financial Solutions, Inc.), Revlon Consumer Products Corp

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Parker Drilling Co /De/), Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Horizon PCS Inc), Ipcs Inc, Ubiquitel Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp), Supplemental Indenture (Jarden Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned propertyunclaimed property law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium (including the Applicable Premium), if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium (including the Applicable Premium), if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money or Government Securities, and all liability of the Company as trustee Trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The the New York Times and or The Wall Street Journal (national edition)Journal, notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Vantage Drilling International), Indenture (OFFSHORE GROUP INVESTMENT LTD), Indenture (Vantage Drilling Netherlands B.V.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or interest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may (but shall not be obligated to) at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (Trump Indiana Inc), Priority Intercreditor Agreement (Trump Indiana Inc), Indenture (Raceland Truck Plaza & Casino LLC)

Repayment to Company. Subject to any applicable laws relating to abandoned propertySection 8.07, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, interest or interest Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and or The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the CompanyCompany or as required by applicable abandoned property law.

Appears in 2 contracts

Samples: Supplemental Indenture (Affinity Guest Services, LLC), Intercreditor Agreement (Thermon Holding Corp.)

Repayment to Company. Subject to any applicable laws relating to abandoned propertylaw, any cash money or non-callable Government Securities property deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, if any, on any Note and remaining unclaimed for two years one (1) year after such principal, principal and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such cash and securities money or property then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Target Hospitality Corp.), Williams Scotsman (WillScot Mobile Mini Holdings Corp.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Nuveen Investments Holdings, Inc., Nuveen Investments Holdings, Inc.

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the reasonable expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Delta Mills Inc), Delta Woodside Industries Inc /Sc/

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Additional Amounts, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumpremium and Additional Amounts, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Eer Systems Inc), Indenture (Microdyne Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, on, or interest on on, any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request (unless an abandoned property law designates another Person) or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Venoco, Inc.), Supplemental Indenture (Mariner Energy Inc)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Ocean Energy Inc), Ocean Energy Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security which is not subject to the last paragraph of Section 8.5 and remaining has remained unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Securities shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Chesapeake Gas Development Corp, Chesapeake Gas Development Corp

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Supplemental Indenture (CyrusOne Inc.), Supplemental Indenture (CyrusOne Inc.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, interest or interest liquidated damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal (national THE WALL STREET JOURNAL National edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the -------------------- Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premiumpremium and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such -------- ------- Paying Agent, before being required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, in The New York Times and The the Wall Street Journal ------------------- (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Harborside Healthcare Corp, Sailors Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), ) notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Central Garden & Pet Co, Central Garden & Pet Co

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note of any Series and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, once in The New York Times and The Wall Street Journal (national edition), an Authorized Newspaper notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Centene Corp, Securities Indenture (Centene Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Coventry Health Care Inc, Coventry Health Care Inc

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Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest and Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Gulfmark Offshore Inc), Northern Border Pipeline Co

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than three Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any cash excess money or non-callable Government Securities held with respect to the Notes at such time in excess of amounts required to pay any of the Company's Obligations then owing with respect to the Notes. Any money or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Special Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Simmons Co, Simmons Co /Ga/

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest or Additional Interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, if any, on, any Note Security pursuant to Section 14.01 and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the CompanyIssuers) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company each such Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall, at the written request and at the expense of the Company Issuers, cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Supplemental Indenture (NGL Energy Partners LP), Supplemental Indenture (NGL Energy Partners LP)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of or premium, premiuminterest or Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, interest or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Bristow Group Inc), Indenture (Medic Systems Inc)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Prestige Brands Holdings, Inc.), Aviall Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalaggregate principal amount of, premiumpremium or Liquidated Damages, if any, or interest on on, any Note and remaining unclaimed for two years after such principalaggregate principal amount, premiumand premium or Liquidated Damages, if any, or interest has become due and payable shall will be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may will at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Supplemental Indenture (Xm Satellite Radio Holdings Inc), Supplemental Indenture (Xm Satellite Radio Holdings Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, or interest or Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, or interest or Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (CyrusOne Inc.), Indenture (Cincinnati Bell Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on interest, if any, on, any Note and remaining unclaimed for two years after such principal, premium, if any, or interest interest, if any, has become due and payable shall shall, subject to any applicable abandoned property laws, be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Bristow Group Inc.), Indenture (Bristow Group Inc)

Repayment to Company. Subject The Trustee and each Paying Agent shall promptly pay to the Company upon request any applicable laws relating to abandoned property, any cash or non-callable Government Securities excess money (a) deposited with the Trustee or any Paying Agent, or then them pursuant to Section 9.01 and (b) held by them at any time. The Trustee and each Paying Agent shall pay to the Company, in trust Company upon request any money held by them for the payment of the principal, premium, if any, applicable principal amount or interest on any Note and remaining that remains unclaimed for two years after a right to such principalmoney has matured (which maturity shall occur, premiumfor the avoidance of doubt, if anyon the Final Maturity Date, or interest has become due and payable shall be paid to the Company on its request or Redemption Date (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiesany Securities redeemed pursuant to Section 3.01), and all liability of the Company as trustee thereof, shall thereupon ceasePurchase Date (with respect to any Securities purchased pursuant to Section 3.08) or the Fundamental Change Purchase Date (with respect to any Securities purchased pursuant to Section 3.09); provided, however, that the Trustee or such Paying Agent, before being required to make any such repaymentpayment, may at the expense of the Company cause to be published once, mailed to each Holder entitled to such money or publish in The a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, that after a date specified therein, which shall not be less than at least 30 days from the date of such notification mailing or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company. After payment to the Company, Holders entitled to money must look to the Company for payment as general creditors unless an applicable abandoned property law designates another person.

Appears in 1 contract

Samples: Indenture (Meritor Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, interest and Additional Interest, if any, or interest on any Note and remaining unclaimed for two years after such principal, premium, 102 interest and Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee Trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may shall at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Dobson Communications Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Victory Finance Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal amount or Accreted Value, as applicable, of, premium, if any, or interest on any Note and remaining unclaimed for two years after such principalprincipal amount or Accreted Value, as applicable, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Covad Communications Group Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee -------------------- or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, premiumpremium and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being -------- ------- required to make any such repayment, may may, at the expense of the Company Company, cause to be published once, in The New York Times and The the Wall Street Journal (national edition), notice that ------------------- such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Harborside Healthcare Corp

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Special Interest, if any, or interest on on, any Note that has been defeased and remaining unclaimed for two years after such principal, premiumpremium or Special Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The the Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company. After payment to the Company, Holders entitled to such money must look to the Company unless an applicable law designates another Person (for payment as a general creditor).

Appears in 1 contract

Samples: Supplemental Indenture (Fti Consulting Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, and premium, interest and Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, interest and Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times (national edition) and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: O Ray Holdings Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities 86 76 Any money deposited with the Trustee or any Paying Agent, or then held by the Company, Company in trust for the payment of the principalprincipal of, premium, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Salton Maxim Housewares Inc)

Repayment to Company. Subject to any applicable laws relating to escheat and abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on interest, including Special Interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.. 83

Appears in 1 contract

Samples: Technical Olympic Usa Inc

Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty laws, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Molina Healthcare Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request ​ ​ ​ or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition)) and Le Journal de Montréal, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.. ​

Appears in 1 contract

Samples: Subordination Agreement (Videotron Ltee)

Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Additional Interest, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Additional Interest, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Interhealth Facility Transport, Inc.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal of or premium or interest or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may (but shall not be obligated to) at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Defaults and Remedies (New Pier Operating Co Inc)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium and Liquidated Damages, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Note will thereafter, as an unsecured general creditor, be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, or Government Securities, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Brenner's on the Bayou, Inc.)

Repayment to Company. Subject to any applicable laws relating to abandoned propertyproperty law, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, interest or interest Additional Interest, if any, on any Note and remaining unclaimed for two years after such principal, premium, if any, interest or interest Additional Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Independence Contract Drilling, Inc.)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-non- callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two three (3) years after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times Globe and The Wall Street Journal Mail (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Trust Indenture

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium on, if any, Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Quail Usa LLC)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities or Euro Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition)) and, in the case of the Euro Notes, a leading newspaper having a general circulation in the City of London, England, notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Supplemental Indenture (Jarden Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company on its written request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that THAT the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times the NEW YORK TIMES and The Wall Street Journal (national THE WALL STREET JOURNAL National edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Supplemental Indenture (Tenet Healthcare Corp)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money and shares of Common Stock deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premiumprincipal (including Redemption Price and the Fundamental Change Repurchase Price, if anyapplicable) of, or accrued and unpaid interest on and the consideration due upon conversion of any Note and remaining unclaimed for two years after such principal, premiumprincipal (including the Fundamental Change Repurchase Price, if anyapplicable), interest or interest consideration due upon conversion has become due and payable shall be paid to the Company on its request of the Company contained in an Officer’s Certificate, or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash trust money and securitiesshares of Common Stock, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The Borough of Manhattan, The City of New York Times and The Wall Street Journal (national edition)York, notice that such cash money and securities remains shares of Common Stock remain unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash money and securities shares of Common Stock then remaining shall will be repaid or delivered to the Company.

Appears in 1 contract

Samples: Indenture (Senseonics Holdings, Inc.)

Repayment to Company. Subject The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to any applicable laws relating to abandoned propertythe Company after request therefor, any excess money held with respect to the Notes at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes. Any cash or non-callable Government Securities deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, premium, if any, or interest on any Note and remaining unclaimed for two years one year after such principal, premium, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall shall, subject to applicable abandoned property law, be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Great Lakes Dredge & Dock CORP)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or interest, premium, if any, or interest Liquidated Damages, if any, on any Note and remaining unclaimed for two years after such principal, interest, premium, if any, or interest Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Wheeling Pittsburgh Corp /De/)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, or premium, if any, or interest on and Liquidated Damages, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest and Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Tesoro Alaska Co)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, if any, or interest interest, including Liquidated Damages, if any, on any Senior Subordinated Note and remaining unclaimed for two years after such principal, premium, if any, or interest interest, including Liquidated Damages, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Senior Subordinated Note shall thereafter, as an unsecured a general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: JCS Realty Corp

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal, principal of and premium, if any, interest or interest Special Interest, if any, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, 56 63 interest or interest Special Interest, if any, has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the written request and expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: All American Communications Inc

Repayment to Company. Subject to any applicable laws relating to abandoned property, any cash or non-callable Government Securities Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premiumpremium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, premiumpremium or Liquidated Damages, if any, or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall of such Note will thereafter, as an unsecured general creditor, be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Cole National Corp /De/)

Repayment to Company. Subject to any applicable laws relating to abandoned property, any Any cash or non-callable U.S. Government Securities deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principalprincipal of, premium, if any, or interest on on, any Note and remaining unclaimed for two years one year after such principal, and premium, if any, or interest has become due and payable shall be paid to the Company Issuers on its their request or (if then held by the CompanyIssuers) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Company Issuers as trustee trustees thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Issuers cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining shall be repaid to the CompanyIssuers.

Appears in 1 contract

Samples: Indenture (Trump Entertainment Resorts Holdings Lp)

Repayment to Company. Subject to any applicable laws relating to abandoned propertyabandonment laws, any cash or non-callable Government Securities money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principalprincipal of, premium, Additional Interest, if any, duration fees, or interest on any Note and remaining unclaimed for two years after such principal, premium, Additional Interest, if any, duration fees or interest has become due and payable shall be paid to the Company on its request or (if then held by the Company) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Company as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Management Agreement (Station Casinos LLC)

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