Common use of Repayment to the Company Clause in Contracts

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Alaris Medical Systems Inc), Indenture Assumption Agreement (Advanced Medical Inc), Musicland Stores Corp

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Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note the Notes and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional Interest, 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 a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 5 contracts

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

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year after such principal, and premium, if any, or interest interest, if any, or Liquidated Damages, if any, has have 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 5 contracts

Samples: Indenture (Albecca Inc), Supplemental Indenture (Crew J Operating Corp), Diamond Brands Operating Corp

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note the Notes and remaining unclaimed for one year two (2) years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional Interest, 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 a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 4 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or interest or Additional Interest, if any, interest or Liquidated Damageson, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, premium or interest or Liquidated DamagesAdditional Interest, if any, has become due and payable shall be paid to the Company on its their written request unless an abandoned property law designates another Person or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, will thereafter be permitted to look only to the Company for payment thereofthereof unless an abandoned property law designates another Person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying AgentTrustee, 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 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 money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (CHURCHILL DOWNS Inc), Churchill Downs Inc

Repayment to the Company. Any Subject to the applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 Notes shall thereafter, as an unsecured general 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 trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company cause to be published once, in the The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Ram Energy Inc/Ok, Ram Energy Inc/Ok, Dawson Production Services Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest interest, or Liquidated DamagesAdditional Interest, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, interest, or interest or Liquidated DamagesAdditional 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, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, 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 New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Caleres Inc, Indenture (Brown Shoe Co Inc), Bon Ton Stores Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (Katz Media Group Inc), Supplemental Indenture (Ameriserve Transportation Inc), Chancellor Media Corp of Los Angeles

Repayment to the Company. Any Subject to applicable escheat and abandoned property laws, 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 principal of, or interest, or premium, if any, interest or Liquidated Damageson, if any, on any Note and remaining unclaimed for one year two years after such principal, interest, 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 general 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 trust moneymoney or non-callable Government Securities, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, provided 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 New York Times and or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 3 contracts

Samples: Indenture (Comstock Oil & Gas, LP), Supplemental Indenture (Comstock Oil & Gas, LP), Indenture (Comstock Oil & Gas GP, LLC)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust pursuant to Section 8.04 or Section 12.01 of the Supplemental Indenture for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company as trustee thereof, shall will 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 The New York Times and The Wall Street Journal (national edition), notice that such 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 money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Senior Note and remaining unclaimed for one year 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 Senior 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Supplemental Indenture (Goodman Conveyor Co), Indenture (Curtis Sub Inc)

Repayment to the Company. Any Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal ofprincipal, premiumpremium and Additional Amounts, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year after such principal, premium and premiumAdditional Amounts, 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 general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Senior Secured Notes Indenture (CIMPRESS PLC), Pledge and Security Agreement (CIMPRESS PLC)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damageson, if any, on any Note Series of Securities and remaining unclaimed for one year 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 will be discharged from such trust; and the Holder Holders of such Note shall thereafter, as an unsecured general creditor, Securities and any coupons appertaining thereto 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 trust money, and all liability of the Company as trustee thereof, shall will 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: Vantage Drilling CO, Vantage Drilling CO

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest premium or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest premium or 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 general 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 trust 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 and The Wall Street Journal (national editioneditions), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 2 contracts

Samples: K&f Industries Inc, K&f Industries Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, on on, any Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional 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, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, 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 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 money then remaining shall be repaid to the Company.

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated DamagesSpecial Interest, if any, or interest on any Senior Note and remaining unclaimed for one year two years after such principal, and premium, if any Special Interest, 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 Senior Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Hvide Marine Inc)

Repayment to the Company. Any The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after written 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’ Obligations then owing with respect to the Notes. Subject to any applicable abandoned property law, 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 ofprincipal, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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 The New York Times and The Wall Street Journal (national edition), notice that such money 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 money cash and securities then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (General Growth Properties, Inc.)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or and Liquidated Damages, if any, on any Note and remaining unclaimed for one year after such principal, and premium, if any, or interest interest, if any, or Liquidated Damages, if any, has have 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Laralev Inc

Repayment to the Company. Any money deposited with Anything in this Article VIII to the contrary notwithstanding, the Trustee and the Paying Agent shall promptly pay to the Company upon the Company’s request any U.S. Legal Tender or any Paying Agent, or then U.S. Government Obligations held by the Companyit as provided in Section 8.3 hereof which, in trust the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, and thereupon shall be relieved from all liability with respect to such money. The Trustee and the Paying Agent shall pay to the Company upon request any money held by them for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining that remains unclaimed for one year after such principaltwo years; provided, 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVERhowever, 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, once in a newspaper of general circulation in the City of New York Times and The Wall Street Journal (national edition), or mail to each Holder entitled to such money notice that such money remains unclaimed and that, that after a date specified therein, therein which shall not be less than at least 30 days from the date of such notification publication or publication, mailing any unclaimed balance of such money then remaining shall will be repaid to the Company. After payment to the Company, Holders entitled to such money must look to the Company for payment as general creditors unless an applicable law designates another Person.

Appears in 1 contract

Samples: Novink (World Color Press Inc.)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Senior Note and remaining unclaimed for one year 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 Senior Note shall thereafter, as an unsecured general 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Hyperion Telecommunications Inc)

Repayment to the Company. The Trustee shall promptly, and in any event, no later than five (5) Business Days, pay to the Company after request therefor, any excess money held with respect to the Notes of any Series at such time in excess of amounts required to pay any of the Company’s Obligations then owing with respect to the Notes of such Series. Any money 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 ofprincipal, premium, if any, or interest or Liquidated Damages, if any, on any Note of any Series and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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 and The Wall Street Journal (national edition), an Authorized Newspaper notice that such money 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 money cash and securities then remaining shall be repaid to the Company.. 44

Appears in 1 contract

Samples: Securities Indenture (Centene Corp)

Repayment to the Company. 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, Redemption Price or Purchase Price of, premium, if any, interest or Liquidated Damages, if any, or interest on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, amount 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, thereafter look only to the Company for payment thereofthereof as a general creditor, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Company, may cause to be published once, in the New York Times THE NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national editioneditions), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from after the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Commemorative Brands Inc)

Repayment to the Company. Any money U.S. Legal Tender or U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Senior Note and remaining unclaimed for one year 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 Senior 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 trust 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Trism Inc /De/)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the CompanyIssuers, in trust for the payment of the principal of, premium, premium (if any), interest or Liquidated Damages, Special Interest (if any) on, on any Note and remaining unclaimed for one year two years after such principal, and premium, premium (if any), or interest or Liquidated Damages, Special Interest (if any, ) has become due and payable shall be paid to the Company Issuers on its written request or (if then held by the CompanyIssuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, thereafter look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuers 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 reasonable 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 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 money then remaining shall be repaid to the CompanyIssuers.

Appears in 1 contract

Samples: Indenture (Solo Cup CO)

Repayment to the Company. 68 77 Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest interest, or Liquidated Damages, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest 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 general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the reasonable expense of the Company cause to be published once, in the New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Stockholders' Agreement (Solo Texas, LLC)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, or interest on any Note Debenture and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or 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 Debenture shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (R&b Falcon Corp)

Repayment to the Company. Any Subject to any applicable abandoned property or escheat law, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of and premium, if any, interest or Liquidated Damagesand interest, if any, on any Note Security and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated Damagespremium, 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 Security shall thereafter, as an unsecured general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Best Buy Co Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall shall, subject to applicable escheatment laws, be paid to the Company on its written request or (if then held by the Company) shall will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that that, if any Definitive Note is then outstanding, 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 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 money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Aris Water Solutions, Inc.)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium or Additional Amounts, if any, or interest or Liquidated Damageson, if any, on any Note and remaining unclaimed for one year two years after such principal, and premiumpremium or Additional Amounts, 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 will be discharged from such trust; and the such Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company as trustee thereof, shall will thereupon cease; PROVIDEDprovided, HOWEVERhowever, that that, if any Definitive Note is then outstanding, 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)Journal, notice that such 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 money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Altera Infrastructure L.P.)

Repayment to the Company. Any money cash in United States dollars or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 upon 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, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and non-callable U. 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 shall 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 money cash and non-callable U.S. Government Obligations 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 money cash and non-callable U.S. Government Obligations then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Uno of Victor, Inc.)

Repayment to the Company. Any Subject to the applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 Notes shall thereafter, as an unsecured general 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 trust 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Ram Energy Inc/Ok

Repayment to the Company. Any Subject to applicable laws relating to abandoned property, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note and remaining unclaimed for one year 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 general 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 trust 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Autonation Inc /Fl)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.30

Appears in 1 contract

Samples: Supplemental Indenture (Apcoa Inc)

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Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, or premium (if any), interest or Liquidated Damages, Special Interest (if any) on, on any Note and remaining unclaimed for one year two years after such principalprincipal of, and premium, or premium (if any), or interest or Liquidated Damages, Special Interest (if any) on, the Notes has become due and payable shall be paid to the Company Issuers on its written their request or (if then held by the CompanyIssuers) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, thereafter look only to the Company Issuers for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company Issuers 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 Issuers cause to be published once, in the New York Times and or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the CompanyIssuers.

Appears in 1 contract

Samples: Indenture (Solo Cup CO)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest interest, or Liquidated DamagesAdditional Interest, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, interest, or interest or Liquidated DamagesAdditional 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, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Ikon Office (Ikon Office Solutions Inc)

Repayment to the Company. Any Subject to applicable abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damagesspecial distribution, if any, on or interest on, any Note and remaining unclaimed for one year two years after such principal, and premium, if any, special distribution, 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 will be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, 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 trust money, and all liability of the Company as trustee thereof, shall will 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 The New York Times and or The Wall Street Journal (national edition), notice that such 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 money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Intercreditor Agreement (GOOD TECHNOLOGY Corp)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest interest, or Liquidated DamagesAdditional Interest, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, interest, or interest or Liquidated DamagesAdditional 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, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, 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 New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Windstream Corp

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 68 77 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Standard Parking Ii LLC

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium or Liquidated Damages, if any, on any Note and remaining unclaimed for one year after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall promptly 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, thereafter look only to the Company for payment thereofthereof as a general creditor unless an applicable abandoned property law designated another person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.. 101 ARTICLE TWELVE SUBORDINATION

Appears in 1 contract

Samples: Indenture (Ames True Temper, Inc.)

Repayment to the Company. Any Subject to applicable escheat and abandoned property laws, 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 principal of, premiumor interest on, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year two years after such principal, and premium, if any, principal or interest or Liquidated Damagesinterest, 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, 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 trust moneymoney or non-callable Government Securities, 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 shall at the written request and expense of the Company cause to be published once, in the New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Endeavor International Corp)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note the Notes and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional Interest, 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 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 trust money, and all liability of the Company as trustee thereof, shall 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: K&f Industries Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note the Notes and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional Interest, 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 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Registration Rights Agreement (Sierra Pacific Resources /Nv/)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Additional Interest, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year two years after such principal, premium and premiumAdditional Interest, 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Company Company, cause to be published once, in the New York Times (national edition) and The the Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Qwest Communications International Inc)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated Damages, if any, or interest on any Note the Notes and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or 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 general 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 trust money, and all liability of the Company as trustee Trustee thereof, shall 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Registration Rights Agreement (Greenbrier Companies Inc)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general 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 trust money, and all liability of the Company as trustee thereof, shall will 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 and The Wall Street Journal (national edition), notice that such 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 money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Valassis Communications Inc

Repayment to the Company. Any Subject to applicable laws relating to abandoned property, any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damagesand Additional Interest, if any, on or interest on, any Note and remaining unclaimed for one year two years after such principal, premium, if any, and premiumAdditional Interest, 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 general creditor, thereafter look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Entravision Communications Corp)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, Liquidated Damages or interest or Liquidated Damages, if any, on any Senior Note and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or 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 Senior Note shall thereafter, as an unsecured general a creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Oxford Health Plans Inc)

Repayment to the Company. Any money 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 of, premium, if any, or interest or Liquidated Damageson, if any, on any Note of any Series and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust moneycash and securities, 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, once in the New York Times and The Wall Street Journal (national edition), an Authorized Newspaper notice that such money 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 money cash and securities then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Securities Indenture (Centene Corp)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premiumpremium and Liquidated Damages, if any, or interest on any Note and remaining unclaimed for two years after such principal, and premium or Liquidated Damages, if any, on any Note and remaining unclaimed for one year after such principal, and premium, if any, or interest or Liquidated Damages, if any, has become due and payable shall promptly 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, thereafter look only to the Company for payment thereofthereof as a general creditor unless an applicable abandoned property law designated another person, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDEDprovided, HOWEVERhowever, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of 101 the Company cause to be published once, in the New York Times and or The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Ames True Temper, Inc.

Repayment to the Company. Any money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Note Security and remaining unclaimed for one year 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 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 paying agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; PROVIDED, HOWEVER, that the Trustee or such Paying 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 THE NEW YORK TIMES and The Wall Street Journal THE WALL STREET JOURNAL (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Home Depot Inc

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated DamagesAdditional Interest, if any, on any Senior Note and remaining unclaimed for one year after such principal, and premium, if any, or interest or Liquidated DamagesAdditional 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 Senior 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 trust 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Talton Invision Inc)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, of or premium, if any, interest or Liquidated DamagesAdditional Interest, if any, or interest on any Note the Notes and remaining unclaimed for one year two years after such principal, and premium, if any, or interest or Liquidated DamagesAdditional Interest, 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 trust money, and all liability of the Company as trustee thereof, shall 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 The New York Times and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Supplemental Indenture (Unifi Inc)

Repayment to the Company. Any money U.S. Legal Tender or U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, or interest or Liquidated Damages, if any, on any Senior Subordinated Note and remaining unclaimed for one year 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 Senior Subordinated 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 trust 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 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 money then remaining shall will be repaid to the Company.

Appears in 1 contract

Samples: Indenture (Trism Inc /De/)

Repayment to the Company. Any money deposited with the Trustee or any Paying Agent, or then held by the Company, in trust for the payment of the principal of, premium, if any, interest or Liquidated Damages, if any, on any Note and remaining unclaimed for one year 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 general creditor, look only to the Company for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money, and all liability of the Company as trustee thereof, shall thereupon cease; 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 and The Wall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 68 81 days from the date of such notification or publication, any unclaimed balance of such money then remaining shall be repaid to the Company.

Appears in 1 contract

Samples: Supplemental Indenture (Century Parking Inc)

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