Common use of Application of Trust Funds; Indemnification Clause in Contracts

Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.01, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 or 8.04 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 or 8.04, 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 Issuer if acting as its own Paying Agent) as the U.S. 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 or 8.04. (b) The Issuer and the Guarantors shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 or 8.04 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The U.S. Trustee shall deliver or pay to the Issuer from time to time upon Issuer Request any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 or 8.04 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the U.S. 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 U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 8.0510.3, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.014.1, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 4.2 or 8.04 Section 10.8 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 4.2 or 8.04, Section 10.8 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 Issuer if Company acting as its own Paying Agent) as the U.S. Trustee may determine, to the 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 4.2 or 8.04Section 10.8, as the case may be. (b) The Issuer and the Guarantors Company shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 4.2 or 8.04 Section 10.8 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The U.S. Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 4.2 or 8.04 10.8 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the U.S. 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 Foreign Government Obligations or money were deposited or received. This provision shall not authorize the sale by the U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.

Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.018.5, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 8.1, 8.3 or 8.04 8.4 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 8.1, 8.3 or 8.048.4, 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 Issuer if Company acting as its own Paying Agent) as the U.S. 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 8.1, 8.3 or 8.048.4. (b) The Issuer and the Guarantors Company shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 8.1, 8.3 or 8.04 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 U.S. Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request Company Order any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 8.1, 8.3 or 8.04 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 U.S. 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 U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.

Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.018.5, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 8.1, 8.3 or 8.04 8.4 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 8.1, 8.3 or 8.048.4, 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 Issuer if Company acting as its own Paying Agent) as the U.S. 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 8.1, 8.3 or 8.048.4. (b) The Issuer and the Guarantors Company shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 8.1, 8.3 or 8.04 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 U.S. Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request Company Order any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 8.3 or 8.04 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 U.S. 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 U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.

Application of Trust Funds; Indemnification. (a) Subject to the provisions of Section 8.05, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.018.5, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 Sections 8.3 or 8.04 8.4 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 Sections 8.3 or 8.048.4, 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 an Issuer if acting as its own Paying Agent) as the U.S. 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 Sections 8.3 or 8.048.4. (b) The Issuer and the Guarantors Issuers shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 Sections 8.3 or 8.04 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 U.S. Trustee shall deliver or pay to the Issuer Issuers from time to time upon an Issuer Request Order any U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 Sections 8.3 or 8.04 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 U.S. 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 U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.

Application of Trust Funds; Indemnification. (a) Subject to the provisions of the last paragraph of Section 8.0510.03, all money deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.014.01, all money and U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 4.02 or 8.04 Section 10.08 and all money received by the U.S. Trustee (or such other entity designated by the Issuer for this purpose) in respect of U.S. Government Obligations or Foreign Government Obligations deposited with the U.S. Trustee (or such other entity designated by the Issuer for this purpose) pursuant to Section 8.03 4.02 or 8.04, Section 10.08 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 Issuer if Company acting as its own Paying Agent) as the U.S. Trustee may determine, to the 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 U.S. Trustee or to make mandatory sinking fund payments or analogous payments as contemplated by Section 8.03 4.02 or 8.04Section 10.08, as the case may be. (b) The Issuer and the Guarantors Company shall pay and shall indemnify the U.S. Trustee against any tax, fee or other charge imposed on or assessed against U.S. Government Obligations or Foreign Government Obligations deposited pursuant to Section 8.03 4.02 or 8.04 Section 10.08 or the interest and principal received in respect of such obligations other than any payable by or on behalf of Holders. (c) The U.S. Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Company Request any money or U.S. Government Obligations or Foreign Government Obligations or money held by it as provided in Section 8.03 4.02 or 8.04 10.08 which, in the opinion of a nationally recognized firm of independent certified public accountants expressed in a written certification thereof delivered to the U.S. 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 Foreign Government Obligations or money were deposited or received. This provision shall not authorize the sale by the U.S. Trustee of any U.S. Government Obligations or Foreign Government Obligations held under this Indenture.