Common use of Return of Unclaimed Moneys Clause in Contracts

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Corporation by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, thereafter look only to the Corporation for any payment that such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Corporation.

Appears in 5 contracts

Samples: Indenture (Visteon Corp), Indenture (Visteon Corp), Visteon Corp

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Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), ) or interest, if any, and Additional Amounts, if any, on Securities of any Security series and not applied but remaining unclaimed by the Holders of Securities of that series for two three years after the date upon which such the principal (of, and premium, if any), or interest, if any, and Additional Amountson such Securities, if anyas the case may be, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property lawupon written demand, be repaid to the Corporation Company by the Trustee or such paying agent on demand, Trustee; and the Holder of any of such Security or any Coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, Securities shall thereafter look only to the Corporation Company for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; collect, provided, however, that the Trustee or such paying agentthat, before being required to make any such repayment with respect to moneys deposited with it or any payment in respect of Unregistered Securities of any seriesrepayment, the Trustee may (at the expense cost of the Corporation Company) mail to such Holders at their last known address or cause to be published onceonce a week for two successive weeks, in each case on any day of the week, in an Authorized Newspaper in the Borough Place of ManhattanPayment, The City of New York and once a notice (in an Authorized Newspaper in London (and, if required such form as may be deemed appropriate by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice the Trustee) that such said moneys remain unclaimed and that, after a date specified named therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money said moneys then remaining will be repaid returned to the CorporationCompany (except that with respect to presentation of Securities for payment and transfer, such term shall mean the office or agency of the Trustee in said city at which at any particular time its corporate agency business shall be conducted).

Appears in 4 contracts

Samples: Indenture (Equistar Funding Corp), Indenture (Atlantic Richfield Co /De), Indenture (Lyondell Chemical Co)

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Corporation Company by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, thereafter look only to the Corporation Company for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or for any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the CorporationCompany.

Appears in 3 contracts

Samples: Subordinated Indenture (Residential Capital Corp), Residential Capital Corp, Gmac Residential Holding Corp.

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), ) or interest, if any, and Additional Amounts, if any, on Securities of any Security series and not applied but remaining unclaimed by the Holders of Securities of that series for two three years after the date upon which such the principal (of, and premium, if any), or interest, if any, and Additional Amountson such Securities, if anyas the case may be, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property lawupon written demand, be repaid to the Corporation Company by the Trustee or such paying agent on demand, Trustee; and the Holder of any of such Security or any Coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, Securities shall thereafter look only to the Corporation Company for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; collect, provided, however, that the Trustee or such paying agentthat, before being required to make any such repayment with respect to moneys deposited with it or any payment in respect of Unregistered Securities of any seriesrepayment, the Trustee may (at the expense cost of the Corporation Company) mail to such Holders at their last known address or cause to be published onceonce a week for two successive weeks, in each case on any day of the week, in an Authorized Newspaper in the Borough Place of ManhattanPayment, The City of New York and once a notice (in an Authorized Newspaper in London (and, if required such form as may be deemed appropriate by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice the Trustee) that such said moneys remain unclaimed and that, after a date specified named therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money said moneys then remaining will be repaid returned to the Corporation.Company (except that with respect to presentation of Securities for payment and transfer, such term shall mean the office or agency of the Trustee in said city at which at any particular time its corporate agency business shall be conducted). ARTICLE FOURTEEN

Appears in 2 contracts

Samples: Indenture (Lyondell Petrochemical Co), Equistar Funding Corp

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, be repaid to the Corporation Issuer by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, thereafter look only to the Corporation Issuer for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or for any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation Issuer cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.045.04, at least once in an Authorized Newspaper in Luxembourg), notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the CorporationIssuer.

Appears in 1 contract

Samples: General Motors Corp

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two three years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall be repaid to the Corporation Company by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall thereafter look only to the Corporation Company for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or for any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the CorporationCompany. 68 61 ARTICLE THIRTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS SECTION 13.01.

Appears in 1 contract

Samples: Indenture (Trinova Corp)

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Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent Paying Agent for the Securities of any series or then held by the Company, in trust for the payment of the principal of (and premium, if any), or interest, if any, and Additional Amounts, if any, on any Security the Securities of such series and not applied but remaining unclaimed by the Holders of Securities of such series for two years after the date upon which such the principal (of and premium, if any), or interest, if any, and Additional Amountson such Securities, if anyas the case may be, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or as abandoned or unclaimed property law, be repaid to the Corporation Company by such Trustee or any Paying Agent on demand or (if then held by the Trustee or Company) shall be discharged from such paying agent on demand, trust; and the Holder of any such Security or any Coupon appertaining Securities entitled to receive such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, payment shall thereafter look only to the Corporation Company for any the payment that such Holder may be entitled to collect thereof and all the liability of the Trustee or any paying agent such Paying Agent with respect to such payment and any obligation of the Company to hold moneys in trust for such payment shall thereupon cease; provided, however, that that, before any such action shall occur, the Trustee or shall have received 20 days’ prior notice thereof, upon receipt of which such paying agent, before being required to make any such repayment with respect to moneys deposited with it or any payment in respect of Unregistered Securities of any series, Trustee may (at the expense of the Corporation Company) cause to be published onceonce a week for two successive weeks, in each case on any day of the week, in an Authorized Newspaper in the same city in which the Place of Payment with respect to Securities of such series shall be located and in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once York, a notice (in an Authorized Newspaper in London (and, if required such form as may be deemed appropriate by Section 4.04, at least once in an Authorized Newspaper in Luxembourg), notice such Trustee) that such said moneys remain unclaimed and that, after a date specified named therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money said moneys then remaining will be repaid returned to the CorporationCompany.

Appears in 1 contract

Samples: Indenture (American Express Credit Corp)

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two three years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall be repaid to the Corporation Company by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall thereafter look only to the Corporation Company for any payment that such Holder may be entitled to collect as unsecured general creditors unless an abandoned property law designates another Person and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or for any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg)York, notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Corporation.Company. ARTICLE THIRTEEN

Appears in 1 contract

Samples: Indenture (Aon Corp)

Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee or any paying agent for the payment of the principal of (and premium, if any), interest, if any, and Additional Amounts, if any, on any Security and not applied but remaining unclaimed for two three years after the date upon which such principal (and premium, if any), interest, if any, and Additional Amounts, if any, shall have become due and payable, shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall be repaid to the Corporation Company by the Trustee or such paying agent on demand, and the Holder of such Security or any Coupon coupon appertaining to such Security shall, unless otherwise required by mandatory provisions of applicable escheat or abandoned or unclaimed property law, shall thereafter look only to the Corporation Company for any payment that which such Holder may be entitled to collect and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such paying agent, before being required to make any such repayment with respect to moneys deposited with it or for any payment in respect of Unregistered Securities of any series, may at the expense of the Corporation Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York and once in an Authorized Newspaper in London (and, if required by Section 4.04, at least once in an Authorized Newspaper in Luxembourg)London, notice that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Corporation.Company. ARTICLE THIRTEEN DEFEASANCE AND COVENANT DEFEASANCE

Appears in 1 contract

Samples: Aon Corp

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