Common use of Application by Trustee of Assets Deposited with It Clause in Contracts

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes and, to the extent allocated for the payment of Notes, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided that, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any Note) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XIIXI. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.411.4; provided PROVIDED that, if prior to one two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided provided, that, if prior to one two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided that, if prior to one Business Day preceding the date on -------- ---- which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII 8 shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XII11. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.01, 12.211.02, 12.3 11.03 and 12.411.04; provided PROVIDED that, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.06, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesDebentures, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Debentures shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided thatPROVIDED, THAT, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteDebenture) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesDebentures, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Debentures shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided thatPROVIDED, THAT, if prior to one two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteDebenture) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSubordinated Debt Securities, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Subordinated Debt Securities shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided that, if prior to one two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XIIXI. Otherwise, any deposit of assets with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.411.4; provided that, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the any Paying Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided that, if prior to one two Business Day Days preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XIIXI. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.411.4; provided PROVIDED that, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, including without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XII. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.1, 12.2, 12.3 and 12.4; provided thatPROVIDED THAT, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII this Indenture shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XIIXI. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.411.4; provided that, if prior to one Business Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest any amount due on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.

Application by Trustee of Assets Deposited with It. Amounts deposited in trust with the Trustee pursuant to and in accordance with Article VIII shall be for the sole benefit of the Holders of the Notes Securityholders and, to the extent allocated for the payment of NotesSecurities, shall not be subject to the subordination provisions of this Article XIIXI. Otherwise, any deposit of assets with the Trustee or the Agent (whether or not in trust) for the payment of principal of or interest on any Notes Securities shall be subject to the provisions of Sections 12.111.1, 12.211.2, 12.3 11.3 and 12.411.4; provided that, if prior to one Business -------- ---- Day preceding the date on which by the terms of this Indenture any such assets may become distributable for any purpose (including, without limitation, the payment of either principal of or interest on any NoteSecurity) the Trustee or such Paying Agent shall not have received with respect to such assets the written notice provided for in Section 12.611.6, then the Trustee or such Paying Agent shall have full power and authority to receive such assets and to apply the same to the purpose for which they were received, and shall not be affected by any notice to the contrary which may be received by it on or after such date.