Common use of Agent of the Issuer Clause in Contracts

Agent of the Issuer. In acting under this Agreement and in connection with the Securities, except as specifically set forth in Section 9 hereof, the Fiscal Agent is acting solely as agent of the Issuer and does not assume any fiduciary obligation or relationship of agency or trust for or with any of the owners or Holders of the Securities, except that all funds held by the Fiscal Agent for payment of the principal of, and interest on, any Outstanding Securities shall be held in trust, but need not be segregated from other funds of the Fiscal Agent except as required by applicable law, and shall be applied as set forth herein and in such Securities; provided, however, that monies held by the Fiscal Agent in respect of the principal of, or interest on, Securities remaining unclaimed at the end of two years after such principal or interest shall have become due and payable shall be returned to the Issuer. Upon such repayment, the aforesaid trust with respect to such monies shall terminate and all liability of the Fiscal Agent with respect to such monies shall thereupon cease, and the Holders of such Securities shall thereafter look only to the Issuer for payment thereof.

Appears in 2 contracts

Sources: Fiscal Agency Agreement (Sovereign Bancorp Inc), Fiscal Agency Agreement (Sovereign Bancorp Inc)