Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee. (b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 28 contracts
Sources: Subordinated Indenture (Precipio, Inc.), Senior Indenture (Northwest Biotherapeutics Inc), Subordinated Indenture (Northwest Biotherapeutics Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money deposited with the Trustee pursuant to Section 8.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.03 and 8.04.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 25 contracts
Sources: Indenture (China Pharma Holdings, Inc.), Indenture (Reborn Coffee, Inc.), Indenture (ProMIS Neurosciences Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the Trustee pursuant to Section 8.018.1, 8.03 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the Trustee pursuant to Sections 8.01Section 8.1, 8.03 8.3 or 8.04 hereof8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.1, 8.3 or 8.4.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Sections 8.018.1, 8.03 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Order any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants or investment bank expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or Foreign Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.
Appears in 18 contracts
Sources: Indenture (Palantir Technologies Inc.), Indenture (Smart Sand, Inc.), Indenture (Precision Biosciences Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money and U.S. or Government Obligations Securities deposited with the Trustee pursuant to Section 8.01, all money and Government Securities deposited with the Trustee pursuant to Section 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 or 8.04.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, Section 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the Company’s request of the Company any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture.
Appears in 9 contracts
Sources: Indenture (Global Crossing Airlines Group Inc.), Indenture, Indenture (American Airlines, Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 8.5 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.018.1, 8.03 8.3 or 8.04 8.4 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.018.1, 8.03 8.3 or 8.04 8.4 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.018.1, 8.03 8.3 or 8.04 8.4 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.018.1, 8.03 8.3 or 8.04 8.4 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 7 contracts
Sources: Senior Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, all money and Government Securities deposited with the Trustee pursuant to Section 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal Principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.03 and 8.04.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Order any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof whichthat, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture.
Appears in 7 contracts
Sources: Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Group Inc), Indenture (Owens-Illinois Healthcare Packaging Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 5.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.015.01, 8.03 5.03 or 8.04 5.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 5.01,5.03 or 8.04 5.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes of any particular series and this Indenture, to the payment, either directly or through any Paying Agent paying agent as the Trustee may determine, to the persons entitled thereto, of the principal principal, premium, if any, and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof or the interest interest, premium, if any, and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 6 contracts
Sources: Indenture for Senior Debt Securities (KCPL Financing Ii), Indenture for Subordinated Debt Securities (Kansas City Power & Light Co), Indenture (Great Plains Energy Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 8.05 hereof10.03, all money deposited with the Trustee pursuant to Section 4.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 4.02 or 8.04 hereof Section 10.06 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 Section 4.02 or 8.04 hereof, Section 10.06 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, thereto of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.02 or Section 10.06, as the case may be.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 Section 4.02 or 8.04 hereof Section 10.06 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any money or U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 Section 4.02 or 8.04 hereof 10.06 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such money or U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 4 contracts
Sources: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money deposited with the Trustee pursuant to Section 8.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.03 and 8.04.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 4 contracts
Sources: Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc), Indenture (Advanced Micro Devices Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.08, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 all money and Government Securities deposited with the Trustee pursuant to Section 8.04 or 8.04 hereof 8.05 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.04 or 8.05.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, 8.03 8.04 or 8.04 hereof 8.05 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company or the relevant Guarantor(s), as applicable, from time to time upon the request of the Company Order or Guarantor Order, as applicable, any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, 8.03 8.04 or 8.04 hereof 8.05 which, in the opinion of a nationally recognized firm of independent certified public accountants or investment bank expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture.
Appears in 4 contracts
Sources: Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc), Indenture (Americredit Financial Services Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof10.03, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.014.01, 8.03 4.03 or 8.04 hereof 4.04 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof, 4.04 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as the Trustee may determineits own Paying Agent), to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make Mandatory Sinking Fund Payments or analogous payments as contemplated by Section 4.03 or 4.04, but such money need not be segregated from other funds except to the extent required by law.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof 4.04, or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request, any U.S. Government Obligations or money held by it as provided in Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof 4.04 which, in the opinion of a nationally recognized investment banking firm or firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 4 contracts
Sources: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 3 contracts
Sources: Indenture (Lear Corp), Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 5.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.015.01, 8.03 5.03 or 8.04 5.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes of any particular series and this Indenture, to the payment, either directly or through any Paying Agent paying agent as the Trustee may determine, to the persons entitled thereto, of the principal principal, premium, if any, and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 5.03 or 8.04 5.04 hereof or the interest interest, premium, if any, and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which opinion shall be required only if U.S. Government Obligations shall have been deposited and may be the same opinion delivered at the time of the legal defeasance or covenant defeasance under Section 5.03 or 5.04), are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture. Funds held in trust pursuant to this Section 5.02 shall not be subject to any rights of the holders of Senior Indebtedness, including, without limitation, those arising under Article XV.
Appears in 3 contracts
Sources: Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc), Subordinated Indenture (Great Plains Energy Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money deposited with the Trustee pursuant to Section 8.1, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 Section 8.3 or 8.04 hereof8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuers acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.3 or 8.4.
(b) The Company Issuers shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company Issuers from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 3 contracts
Sources: Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc), Indenture (Omnicom Group Inc)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof10.03, all money deposited with the Trustee pursuant to Section 4.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 4.03 or 8.04 hereof 4.04 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 Section 4.03 or 8.04 hereof, 4.04 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.03 or 4.04, but such money need not be segregated from other funds except to the extent required by law.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 4.03 or 4.04, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 Section 4.03 or 8.04 hereof 4.04 which, in the opinion of a nationally recognized investment banking firm or firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 2 contracts
Sources: Indenture (Security Capital Assurance LTD), Indenture (Xl Capital LTD)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money deposited with the trustee pursuant to Section 8.01, all money and U.S. Government Obligations deposited with the Trustee trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee trustee in respect of U.S. Government Obligations deposited with the Trustee trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities securities and this Indentureindenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trusteetrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.03 and 8.04.
(b) The Company shall pay and shall indemnify the Trustee trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trusteetrustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee trustee of any U.S. Government Obligations held under this Indentureindenture.
Appears in 2 contracts
Sources: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 5.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.015.01, 8.03 5.03 or 8.04 5.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes of any particular series and this Indenture, to the payment, either directly or through any Paying Agent paying agent as the Trustee may determine, to the persons entitled thereto, of the principal principal, premium, if any, and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof or the interest interest, premium, if any, and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.015.01, 8.03 5.03 or 8.04 5.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 2 contracts
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof10.03, all money and or U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof 4.01 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereof, Section 4.01 shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal (and interest premium, if any) and Interest for whose payment such money has been deposited with or received by the Trustee, but such money need not be segregated from other funds except to the extent required by law.
(ba) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 4.01, 8.03 or 8.04 hereof or the interest Interest and principal received in respect of such obligations other than any amount payable by or on behalf of Holders.
(cb) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof Section 4.01 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the TrusteeTrustee (which may be the same opinions given to the Trustee pursuant to Section 4.01), are is then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were was deposited or received. This provision Such accounting opinion shall not authorize be required once all amounts outstanding under the sale by the Trustee of any U.S. Government Obligations held Notes and due under this IndentureIndenture have been paid in full.
Appears in 2 contracts
Sources: Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 Sections 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 8.3 or 8.04 hereof, 8.4 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including an Issuer acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.3 or 8.4.
(b) The Company Issuers shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company Issuers from time to time upon the request of the Company an Issuer Order any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants or investment bank expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or Foreign Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.
Appears in 2 contracts
Sources: Indenture (Landmark Infrastructure Finance Corp.), Indenture (LD Acquisition Co 7 LLC)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof10.03, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.014.01, 8.03 4.03 or 8.04 hereof 4.04 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof, 4.04 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuers acting as the Trustee may determinetheir own Paying Agent), to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make Mandatory Sinking Fund Payments or analogous payments as contemplated by Section 4.03 or 4.04, but such money need not be segregated from other funds except to the extent required by law.
(b) The Company Issuers shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof 4.04, or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company Issuers from time to time upon the request of the Company Issuer Request, any U.S. Government Obligations or money held by it as provided in Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof 4.04 which, in the opinion of a nationally recognized investment banking firm or firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 2 contracts
Sources: Indenture (Global Indemnity Group, Inc.), Indenture (Global Indemnity Group, Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof, all money and U.S. Euro Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Euro Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Euro Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Euro Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Euro Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Euro Government Obligations held under this Indenture.
Appears in 1 contract
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money deposited with the Trustee pursuant to Section 8.01, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Sections 8.03 and 8.04 ..
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Sources: Indenture (Zhongpin Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money and U.S. or Government Obligations Securities deposited with the Trustee pursuant to Section 8.018.1, 8.03 all money and Government Securities deposited with the Trustee pursuant to Section 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, 8.03 Section 8.3 or 8.04 hereof8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, 8.03 Section 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the Company’s request of the Company any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, 8.03 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture.
Appears in 1 contract
Sources: Indenture (Allegiant Travel CO)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof6.4, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 6.1 or 8.04 hereof 6.2 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereofTrustee, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this the Indenture, to the payment, either directly or through any Paying Agent paying agent (including the Company acting as its own paying agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has and U.S. Government Obligations have been deposited with or received by the TrusteeTrustee as contemplated by Section 6.1 or 6.2.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 Section 6.1 or 8.04 hereof 6.2 or the interest and principal received in respect of such obligations obligations, other than any such tax, fee or other charge payable by or on behalf of Holders. The Company shall be entitled to prompt notice of an assessment or the commencement of any proceeding for which indemnification may be sought hereunder and, at its election, to contest such assessment or to participate in, assume the defense of, or settle such proceeding.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 Section 6.1 or 8.04 hereof 6.2 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, which opinion need only be provided if U.S. Government Obligations shall have been deposited, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Sources: Indenture (Intl Fcstone Inc.)
Application of Trust Funds; Indemnification. (a) a. Subject to the provisions of Section 8.05 hereof, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereof, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) b. The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) c. The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.05, all money and U.S. or Government Obligations Securities deposited with the Trustee pursuant to Section 8.01, all money and Government Securities deposited with the Trustee pursuant to Section 8.03 or 8.04 hereof and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, Section 8.03 or 8.04 hereof8.04, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 or 8.04.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, Section 8.03 or 8.04 hereof or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the Company’s request of the Company any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, Section 8.03 or 8.04 hereof which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture.
Appears in 1 contract
Sources: Indenture (American Airlines, Inc.)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereofof this Indenture, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01, 8.03 or 8.04 hereof of this Indenture and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01, 8.03 or 8.04 hereofof this Indenture, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01, 8.03 or 8.04 hereof of this Indenture or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 or 8.04 hereof of this Indenture which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Sources: Indenture (Polyone Corp)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money and U.S. or Government Obligations Securities deposited with the Trustee pursuant to Section 8.018.1, 8.03 all money and Government Securities deposited with the Trustee pursuant to Section 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations Securities deposited with the Trustee pursuant to Sections 8.01, 8.03 Section 8.3 or 8.04 hereof8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the Trustee.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations Securities deposited pursuant to Sections 8.01, 8.03 Section 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the Company’s request of the Company any U.S. Government Obligations Securities or money held by it as provided in Sections 8.01, 8.03 Section 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations Securities or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations Securities held under this Indenture. Section 8.3.
Appears in 1 contract
Sources: Indenture (Allegiant Travel CO)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof1003, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01401, 8.03 403 or 8.04 hereof 404 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01Section 401, 8.03 403 or 8.04 hereof, 404 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 403 or 404, but such money need not be segregated from other funds except to the extent required by law.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 401, 8.03 403 or 8.04 hereof 404, or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.01Section 401, 8.03 403 or 8.04 hereof 404 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05 hereof8.5, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.01Sections 8.1, 8.03 8.3 or 8.04 hereof 8.4 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.018.1, 8.03 8.3 or 8.04 hereof8.4, shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make analogous payments as contemplated by Sections 8.3 or 8.4.
(b) The Company shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.018.1, 8.03 8.3 or 8.04 hereof 8.4 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company from time to time upon the request of the Company Request any U.S. Government Obligations or money held by it as provided in Sections 8.018.1, 8.03 8.3 or 8.04 hereof 8.4 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Sources: Indenture (HMC Merger Corp)
Application of Trust Funds; Indemnification. (a) Subject to the provisions of the next to last paragraph of Section 8.05 hereof10.03, all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 8.014.01, 8.03 all money and U.S. Government Obligations deposited with the Trustee pursuant to Section 4.03 or 8.04 hereof 4.04 and all money received by the Trustee in respect of U.S. Government Obligations deposited with the Trustee pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof, 4.04 shall be held in trust and applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company or the Guarantor acting as Paying Agent) as the Trustee may determine, to the persons Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money has been deposited with or received by the TrusteeTrustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 4.01, 4.03 or 4.04, but such money need not be segregated from other funds except to the extent required by law.
(b) The Company or the Guarantor shall pay and shall indemnify the Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations deposited pursuant to Sections 8.01Section 4.01, 8.03 4.03 or 8.04 hereof 4.04, or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders.
(c) The Trustee shall deliver or pay to the Company or the Guarantor from time to time upon the request of Company Request from the Company or the Guarantor, as the case may be, any U.S. Government Obligations or money held by it as provided in Sections 8.01, 8.03 Section 4.03 or 8.04 hereof 4.04 which, in the opinion of a nationally recognized investment banking firm or firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, are then in excess of the amount thereof which then would have been required to be deposited for the purpose for which such U.S. Government Obligations obligations or money were deposited or received. This provision shall not authorize the sale by the Trustee of any U.S. Government Obligations held under this Indenture.
Appears in 1 contract
Sources: Indenture (Xl Capital LTD)