Common use of Trust Moneys Not Subordinated Clause in Contracts

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 and not in violation of Section 15.03 hereof for the payment of principal of (and premium, if any, on) and interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 2 contracts

Samples: Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp

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Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Fourteen hereof and not in violation of Section 15.03 1203 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Twelve, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 2 contracts

Samples: Registration Rights Agreement (Supreme International Corp), Tmil Corp

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Twelve hereof and not in violation of Section 15.03 1403 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 2 contracts

Samples: Indenture (Insight Health Services Corp), Indenture (Extendicare Health Services Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Twelve hereof and not in violation of Section 15.03 1403 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 2 contracts

Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash moneys or the proceeds of U.S. Government Obligations held in trust under Article 14 hereof Fifteen by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 and not in violation of Section 15.03 hereof for the payment of principal of (and of, premium, if any, on) and interest, if any, interest on the Securities or any coupon appertaining thereto from the date of deposit (if made in compliance with this Indenture) shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions restraints set forth in this Article 15Article, and none one of the Holders of Securities or any coupons appertaining thereto shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness of the Company or any other creditor of the Company.. ARTICLE FIFTEEN

Appears in 1 contract

Samples: Noble Affiliates Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash money or the proceeds of U.S. Government Obligations held in trust under Article 14 hereof Section 402 or 1008 or under a supplemental indenture containing the provisions described in Section 901(i) by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 and not in violation of Section 15.03 hereof for the payment of principal of (of, and premium, if any, and interest on) and interest, if any, on the Securities and any amounts due the Trustee pursuant to Section 607 hereof shall not be subordinated to the prior payment of any Senior Superior Indebtedness or subject to the restrictions set forth in this Article 15Article, and none of the Holders thereof shall be obligated to pay over any such amount to the Company or any holder of Senior Superior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: American General Capital Iv

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 and not in violation of Section 15.03 1603 hereof for the payment of principal of (and premium, if any, on) and interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Thirteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Cendant Corp

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Fourteen hereof and not in violation of Section 15.03 1503 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Fifteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company; provided, however, the Company will not exercise and the Trustee will not take the benefit of any defeasance under Article Fourteen without the prior written consent of the Banks.

Appears in 1 contract

Samples: Nine West Group Inc /De

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Fourteen hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 16 and not in violation of Section 15.03 16.3 hereof for the payment of principal of (and premium, if any, on) and interest, if any, on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 1513, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Indenture (Protection One Alarm Monitoring Inc)

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Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Twelve hereof by the Trustee (or 105 other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Twelve hereof and not in violation of Section 15.03 1303 hereof for the payment of principal of (of, and premiumpremium and Liquidated Damages, if any, on) and interest, if any, interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Thirteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Indenture (Rent a Center Inc De)

Trust Moneys Not Subordinated. Notwithstanding anything ----------------------------- contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 8 hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 8 hereof and not in violation of Section 15.03 10.03 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities shall not be subordinated to the prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Article, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Tritel Finance Inc

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash money or the proceeds of U.S. Government Obligations held in trust under Article 14 hereof by the Trustee (under Article VIII or other qualifying trustee) XI by the Trustee and which were deposited in accordance with the terms of this Article 15 VIII or XI, as applicable, and not in violation of Section 15.03 hereof 13.01(b) or (c) for the payment of principal of (and of, premium, if any, on) on and interest, if any, interest on the Securities Notes shall not be subordinated to the prior payment of any Senior Indebtedness Obligations or subject to the restrictions set forth in this Article 15XIII, and none of the Trustee, the Holders or any other Person shall be obligated to pay over or turn over any such amount to the Company Issuer, any Senior Agent or any holder of Senior Indebtedness Creditor or any other creditor of the Company.

Appears in 1 contract

Samples: Indenture (Hersha Hospitality Trust)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Twelve hereof by the Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Twelve hereof and not in violation of Section 15.03 1403 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities Notes shall not be subordinated to the 118 106 prior payment of any Senior Indebtedness or subject to the restrictions set forth in this Article 15Fourteen, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Satisfaction And (Afa Products Inc)

Trust Moneys Not Subordinated. Notwithstanding anything contained herein to the contrary, payments from cash or the proceeds of U.S. Government Obligations held in trust under Article 14 Fourteen hereof by the Debenture Trustee (or other qualifying trustee) and which were deposited in accordance with the terms of this Article 15 Fourteen hereof and not in violation of Section 15.03 1203 hereof for the payment of principal of (and premium, if any, on) and interest, if any, interest on the Securities Exchange Debentures shall not be subordinated to the prior payment of any Senior Indebtedness or Senior Subordinated Indebtedness or subject to the restrictions set forth in this Article 15Twelve, and none of the Holders shall be obligated to pay over any such amount to the Company or any holder of Senior Indebtedness or Senior Subordinated Indebtedness or any other creditor of the Company.

Appears in 1 contract

Samples: Tmil Corp

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