Common use of Moneys Held by Trustee Clause in Contracts

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 17 contracts

Sources: Indenture (Match Group, Inc.), Indenture (News Corp), Indenture (Match Group, Inc.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 13 contracts

Sources: Indenture (M I Homes Inc), Indenture (M I Homes Inc), Indenture (William Lyon Homes Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 7 contracts

Sources: Indenture (ER Marks, Inc.), Indenture (ER Marks, Inc.), Indenture (HomeAdvisor, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and U.S. Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 7 contracts

Sources: Indenture (Crown Holdings, Inc.), Indenture (Wesco International Inc), Indenture (LKQ Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 6 contracts

Sources: Indenture (Superior Telecommunications Inc), Indenture (Genesis Health Ventures Inc /Pa), Indenture (Mariner Post Acute Network Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Issuers (or, if appropriate, the Guarantors)) upon a request of the Issuers, or if such moneys and U.S. Government Obligations are then held by the Issuer Issuers or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the IssuerIssuers. After payment or return to the Issuer Issuers or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the an Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 6 contracts

Sources: Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and EU Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and EU Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and EU Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and EU Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and EU Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and EU Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and EU Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 5 contracts

Sources: Indenture (Crown Holdings, Inc.), Indenture (Crown Holdings Inc), Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.05 of the Base Indenture, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 4 contracts

Sources: Fourth Supplemental Indenture (QVC Inc), Third Supplemental Indenture (QVC Inc), Second Supplemental Indenture (QVC Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 4 contracts

Sources: Indenture (TRI Pointe Homes, Inc.), Indenture (TRI Pointe Homes, Inc.), Indenture (Meritage Homes CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 4 contracts

Sources: Indenture (General Cable Corp /De/), Indenture (Imc Global Inc), Indenture (Imc Global Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Sources: Indenture (Ipsco Inc), Indenture (Massey Energy Co), Indenture (Ipsco Inc)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04308, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Sources: Third Supplemental Indenture (L Brands, Inc.), Second Supplemental Indenture (L Brands, Inc.), First Supplemental Indenture (L Brands, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 3 contracts

Sources: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 3 contracts

Sources: Indenture (Petro Stopping Centers L P), Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers Holdings Lp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Sources: Indenture (Phibro Animal Health Corp), Indenture (Affiliate Investment, Inc.), Indenture (National Credit & Guaranty CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 3 contracts

Sources: Indenture (Skyterra Communications Inc), Indenture (Harbinger Capital Partners Master Fund I, Ltd.), Indenture (Harbinger Capital Partners Master Fund I, Ltd.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Subsidiary Guarantors), or if such moneys are then held by the Issuer or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Subsidiary Guarantors or the release of any money held in trust by the Issuer or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Amsurg Corp), Indenture (Amsurg Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Sources: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years one year after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person. The Trustee shall promptly and, in any event, no later that five (5) Business Days, pay to the Issuer (or if appropriate, the Guarantors) after request therefore any excess money held in respect of the Notes at such time in excess of the amounts required to pay any of the Issuer’s Obligations then owing with respect to the Notes.

Appears in 2 contracts

Sources: Indenture (Gsi Group Inc), Indenture (Gsi Group Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Register maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Seminis Inc), Indenture (Seminis Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York2.3 hereof, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publicationmailing, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Sources: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the 70 principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Issuers' Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 2 contracts

Sources: Indenture (Superior Telecommunications Inc), Indenture (Essex Group Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Company upon Company Request, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the GuarantorsCompany, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes Securities maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any GuarantorsCompany, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Biogen Inc.), Indenture (Biogen Inc.)

Moneys Held by Trustee. Subject to applicable lawabandoned property laws, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, Company upon a request of the Guarantors)Company, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such the Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such the Paying Agent, before being required to make any such repayment, mayshall, at the written request of the Company and at the expense of the Issuer and the Guarantors, Company either mail (or send electronically to DTC in the case of Global Notes) to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing notice or the date of the publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Atlanticus Holdings Corp), Indenture (Bread Financial Holdings, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04[2.03] hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Skyterra Communications Inc), Indenture (Harbinger Capital Partners Master Fund I, Ltd.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and European Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and European Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and European Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and European Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and European Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and European Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and European Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (LKQ Corp), Indenture (LKQ Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail or electronically deliver to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing mailing, electronic delivery or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general unsecured creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Sears Holdings Corp), Indenture (Sears Holdings Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (M/I Homes, Inc.), Indenture (M/I Homes, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and European Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and European Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and European Obligations shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and European Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Securities of the applicable series maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and/or European Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and/or European Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and European Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (LKQ Corp), Indenture (Keystone Automotive Operations Inc)

Moneys Held by Trustee. Subject to applicable lawthis Article 9, the Trustee and each Paying Agent shall promptly pay to the Issuer (or, if appropriate, any Guarantors) upon written request any excess moneys or Government Obligations held by it at any time and thereupon shall be relieved from all liability with respect to such moneys or Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, any Guarantors) upon written request of the Guarantors)Issuer, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, unless applicable abandoned property law designates another Person, and all liability liabilities of the Trustee or such Paying Agent with respect to such trust money moneys or Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register Register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, weeks in a newspaper published in the English language, language customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, therein which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 2 contracts

Sources: Indenture (Canwest Media Inc), Indenture (Canwest Media Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general 90 -83- creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Outdoor Systems Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before -------- ------- being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Pierce Leahy Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors Guarantor in trust for the payment of the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantor for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the GuarantorsGuarantor, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or the Guarantor. After payment to the Issuer Company or the Guarantors Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorsthe Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors Guarantor for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Fedders North America Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal principal, Change of Control Purchase Price or Excess Cash Flow Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Change of Control Purchase Price or Excess Cash Flow Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Company upon Company Order, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Company either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 calendar days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Labranche & Co Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all al1 liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, -------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Petersen Holdings LLC)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, of or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, of or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)upon Issuer's Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the GuarantorsIssuer, either mail to each Holder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City city of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may beIssuer, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Franks Nursery & Crafts Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general unsecured creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Healthcor Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriateapplicable, to the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (R H Donnelley Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Atlantic Broadband Management, LLC)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Pca International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes Securities maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Fairfield Manufacturing Co Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, interest or interest Additional Interest, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Additional Interest, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)such Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or such Guarantor. After payment to the Issuer Company or the Guarantors such Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorssuch Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Fedders Corp /De)

Moneys Held by Trustee. Subject to applicable escheatment law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publicationmailing, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers (or, if applicable, the Guarantors). After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Trilogy International Partners Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Intertape Woven Products Services S.A. De C.V.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, or interest on such Note Security shall have respectively become due and payable shall be repaid or returned to the Issuer (or, if appropriate, the Guarantors)) upon a request of the Issuer, or if such moneys and U.S. Government Obligations are then held by the Issuer or the Guarantors in trust, such moneys and European Obligations shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes Securities of the applicable series maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and/or U.S. Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and/or U.S Government Obligations then remaining shall will be repaid or returned to the Issuer. After payment or return to the Issuer or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Keystone Automotive Operations Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Entex Information Services Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys and Government Obligations are then held by the Issuer Company or the Guarantors in trust, such moneys and Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and Government Obligations then remaining shall will be repaid or returned to the IssuerCompany. After payment or return to the Issuer Company or the Guarantors or the release of any money moneys and Government Obligations held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (United Industries Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Carpenter W R North America Inc)

Moneys Held by Trustee. Subject to applicable escheatment law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released re- leased from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided pro- vided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains re- mains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publicationmailing, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers (or, if applicable, the Guarantors). After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Alignvest Acquisition Corp)

Moneys Held by Trustee. Subject to applicable lawthis Article IX, the Trustee and each Paying Agent shall promptly pay to the Issuer (or, if appropriate, any Guarantors) upon written request any excess moneys or Government Obligations, as the case may be, held by it at any time and thereupon shall be relieved from all liability with respect to such moneys or Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, any Guarantors) upon written request of the Guarantors)Issuer, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, unless applicable abandoned property law designates another Person, and all liability liabilities of the Trustee or such Paying Agent with respect to such trust money moneys or Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register Register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, weeks in a newspaper published in the English language, language customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which therein that shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Canwest Media Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, of or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two (2) years after the date upon which the principal of, or premium, if any, of or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Company upon Company Request, or (if such moneys are then held by the Issuer or the Guarantors in trust, such moneys Company) shall be released discharged from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money money, and all liability of the Company as trustee thereof, shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the GuarantorsCompany, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any GuarantorsCompany, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Adelphia Communications Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Ashton Woods USA L.L.C.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Ashton Houston Residential L.L.C.)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New YorkYork or the United States, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Limited Brands Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register Security Register of the Notes maintained by the Security Registrar pursuant to Section 2.047.02 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.4 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Morris Material Handling Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)) upon a Issuer Request, or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Oro Spanish Broadcasting Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest inter- est on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Massey Energy Co)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.person. 81

Appears in 1 contract

Sources: Indenture (Unison Healthcare Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed un- 97 -90- claimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Meritage Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)Guarantor) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors such Guarantor for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantorssuch Guarantor, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or such Guarantor. After payment to the Issuer Company or the Guarantors such Guarantor or the release of any money held in trust by the Issuer Company or any Guarantorssuch Guarantor, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors such Guarantor for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Carson Products Co)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for 91 -82- payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Cityscape Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Laidlaw International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and U.S. Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Issuers (or, if appropriate, the Guarantors)) upon a request of the Issuers, or if such moneys and U.S. Government Obligations are then held by the Issuer Issuers or the Guarantors in trust, such moneys and U.S. Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and U.S. Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.06, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, a notice that such money moneys and U.S. Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and U.S. Government Obligations then remaining shall will be repaid or returned to the IssuerIssuers. After payment or return to the Issuer Issuers or the Guarantors or the release of any money moneys and U.S. Government Obligations held in trust by the an Issuer or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. Table of Contents

Appears in 1 contract

Sources: Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar -110- pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Moore Wallace Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust 111 -102- for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Transwestern Holdings Lp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon an Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Glasstech Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on any Note Security that are not applied but remain unclaimed by the Holder of such Note Security for two years after the date upon which the principal of, or premium, if any, interest or interest Liquidated Damages, if any, on such Note Security shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note Security entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Securityholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04Register, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified 82 -74- therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany or the Guarantors. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any the Guarantors, as the case may be, Holders Securityholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (West Texas & Lubbock Railroad Co Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Issuers in trust for the payment of the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Issuers upon Company Request, or if such moneys are then held by the Issuer or the Guarantors Issuers in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Issuers for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Issuers either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer or the Guarantors Issuers or the release of any money held in trust by the Issuer or any GuarantorsIssuers, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer and the Guarantors Issuers for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Petro Holdings Financial Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Oglebay Norton Co /New/)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains re- mains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Aircraft Service International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon an Issuer Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Target Directories of Michigan Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon -91- Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Hayes Lemmerz International Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Company in trust for the payment of the principal of, or premium, if any, or interest on any Senior Discount Note that are not applied but remain unclaimed by the Holder of such Senior Discount Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Discount Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, Company upon a request of the Guarantors)Company, or if such moneys are then held by the Issuer or the Guarantors Company in trust, such moneys shall be released from such trust; and the Holder of such Senior Discount Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Company for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the GuarantorsCompany, either mail to each Holder affected, at the address shown in the register of the Senior Discount Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer or the Guarantors Company or the release of any money held in trust by the Issuer or any Guarantors, as the case may beCompany, Holders entitled to the money must look only to the Issuer and the Guarantors Company for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (R H Donnelley Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general unsecured creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Healthcor Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, HOWEVER, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (High Voltage Engineering Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer (or, if appropriate, the Guarantors)any Guarantor) upon an Issuer Request, or if such moneys are then held by the Issuer or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, subject to applicable abandonment property laws, look only to the Issuer and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors any Guarantor or the release of any money held in trust by the Issuer or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (3019693 Nova Scotia U.L.C.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys and EU Government Obligations deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid or returned to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys and EU Government Obligations are then held by the Issuer Company or the Guarantors in trust, such moneys and EU Government Obligations shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money moneys and EU Government Obligations shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.07, or cause to be published once a week for two successive weeks, in a one newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, the State of New York, and in one newspaper published in the English language, customarily published each Business Day and of general circulation in London, England, a notice that such money moneys and EU Government Obligations remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys and EU Government Obligations then remaining shall will be repaid or returned to the IssuerCompany. After payment or return to the Issuer Company or the Guarantors or the release of any money moneys and EU Government Obligations held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money thereto must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Crown Holdings Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Issuers or the Guarantors or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Portrait Corp of America, Inc.)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, of or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Quintiles Transnational Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Senior Note that are not applied but remain unclaimed by the Holder of such Senior Note for two years after the date upon which the principal of, or premium, if any, or interest on such Senior Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Senior Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Senior Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Donnelley R H Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the Guarantors in trust for the payment of the Accreted Value and principal of, of or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder holder of such Note for two years after the date upon which the Accreted Value and principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, Finance Co. or the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the Guarantors in trust, such moneys shall be released from such trust; and the Holder holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company, Finance Co. or the Guarantors or the release of any money held in trust by the Issuer Company, Finance Co. or any Guarantors, as the case may be, Holders holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Skyterra Communications Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the any Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Company or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Federal Mogul Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail deliver to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing delivery or publication, any unclaimed balance of such moneys then remaining shall be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (QVC Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.4 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Seneca Erie Gaming Corp)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Issuers or the any Guarantors in trust for the payment of the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal principal, Redemption Price or Purchase Price of, or premiumand accrued interest on, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Issuers (or, if appropriate, the Guarantors)) upon Company Request, or if such moneys are then held by the Issuer Issuers or the any Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers and the Guarantors Guarantors, if any, for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Issuers and the Guarantors, if any, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer Issuers or the Guarantors Guarantors, if any, or the release of any money held in trust by the Issuer Issuers or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Issuers and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Petro Stopping Centers L P)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, -------- however, that the Trustee or any such Paying Agent, before being required to ------- make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE ELEVEN

Appears in 1 contract

Sources: Indenture (Sandhills Inc)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each -83- Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.04 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors or the release of any money held in trust by the Issuer Company or any Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (General Cable Corp /De/)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Subsidiary Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer Company (or, if appropriate, the Subsidiary Guarantors)) upon a request of the Company, or if such moneys are then held by the Issuer Company or the Subsidiary Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the Subsidiary Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the Subsidiary Guarantors, either mail to each Holder Noteholder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.04, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Subsidiary Guarantors or the release of any money held in trust by the Issuer Company or any Subsidiary Guarantors, as the case may be, Holders Noteholders entitled to the money must look only to the Issuer Company and the Subsidiary Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (FMC Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, of or premiuminterest (including Additional Interest, if any, or interest ) on any Discount Note that are not applied but remain unclaimed by the Holder of such Discount Note for two years after the date upon which the principal of, or premium, if any, of or interest on such Discount Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Discount Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Discount Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Idleaire Technologies Corp)

Moneys Held by Trustee. Subject to applicable law, any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors), or if such moneys are then held by the Issuer or the Guarantors in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, that the Trustee or any such Paying Agent, before being required to make any such repayment, mayshall, at the expense of the Issuer and the Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance bal- ance of such moneys then remaining shall will be repaid to the Issuer. After payment to the Issuer or the Guarantors or the release of any money held in trust by the Issuer or any Guarantors, as the case may be, Holders entitled to the money must look only to the Issuer and the Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.

Appears in 1 contract

Sources: Indenture (Meritage Homes CORP)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer Company or the Guarantors any Guarantor in trust for the payment of the principal of, or premium, if any, or interest on any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal of, or premium, if any, or interest on such Note shall have respectively become due and payable payable, shall be repaid to the Issuer Company (or, if appropriate, the Guarantors)any Guarantor) upon a Company Request, or if such moneys are then held by the Issuer Company or the Guarantors any Guarantor in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer Company and the any Guarantors for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided PROVIDED, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer Company and the any Guarantors, either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.03 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerCompany. After payment to the Issuer Company or the Guarantors any Guarantor or the release of any money held in trust by the Issuer Company or any GuarantorsGuarantor, as the case may be, Holders entitled to the money must look only to the Issuer Company and the any Guarantors for payment as general creditors unless applicable abandoned property law designates another Person.. ARTICLE TEN GUARANTEE OF NOTES

Appears in 1 contract

Sources: Indenture (Norske Skog Canada LTD)

Moneys Held by Trustee. Subject to applicable law, any Any moneys deposited with the Trustee or any Paying Agent or then held by the Issuer or the Guarantors Issuers in trust for the payment of the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, any Note that are not applied but remain unclaimed by the Holder of such Note for two years after the date upon which the principal ofprincipal, or premium, if any, Redemption Price or Purchase Price of, and accrued interest on on, such Note shall have respectively become due and payable shall be repaid to the Issuer (or, if appropriate, the Guarantors)Issuers upon Company Request, or if such moneys are then held by the Issuer or the Guarantors Issuers in trust, such moneys shall be released from such trust; and the Holder of such Note entitled to receive such payment shall thereafter, as an unsecured general creditor, look only to the Issuer and the Guarantors Issuers for the payment thereof, and all liability of the Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided provided, however, that the Trustee or any such Paying Agent, before being required to make any such repayment, may, at the expense of the Issuer and the Guarantors, Issuers either mail to each Holder affected, at the address shown in the register of the Notes maintained by the Registrar pursuant to Section 2.042.3 hereof, or cause to be published once a week for two successive weeks, in a newspaper published in the English language, customarily published each Business Day and of general circulation in the The City of New York, New York, a notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such mailing or publication, any unclaimed balance of such moneys then remaining shall will be repaid to the IssuerIssuers. After payment to the Issuer or the Guarantors Issuers, or the release of any money held in trust by the Issuer or any Guarantors, as the case may beIssuers, Holders entitled to the money must look only to the Issuer and the Guarantors Issuers for payment as general creditors unless applicable abandoned property law designates another Personperson.

Appears in 1 contract

Sources: Indenture (Petro Holdings Financial Corp)