Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 22 contracts
Sources: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 19 contracts
Sources: Indenture (Standard Commercial Corp), Indenture (Kinetic Concepts Inc /Tx/), Indenture (Kci New Technologies Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 15 contracts
Sources: Indenture (Davita Inc.), Indenture (Davita Inc.), Indenture (Davita Inc.)
Paying Agent To Hold Assets in Trust. The Trustee as Paying Agent shall, and the Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Article 10, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Defaultdefault with respect to the Notes, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 9 contracts
Sources: Indenture (Lamar Media Corp/De), Indenture (Lamar Media Corp/De), Indenture (Lamar Advertising Co/New)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of of, principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to promptly distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to promptly distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 9 contracts
Sources: Indenture (Erickson Air-Crane Inc.), Indenture (Nortek Inc), Indenture (Headwaters Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Article Four and Article Twelve, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or a Subsidiary acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 8 contracts
Sources: Indenture (Building One Services Corp), Indenture (Encompass Services Corp), Indenture (Unifrax Investment Corp)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets and/or Secondary Securities held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company Issuer or any other obligor on the NotesSecurities), and that it shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the NotesSecurities) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets and/or Secondary Securities held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets and/or Secondary Securities held by it to the Trustee and to account for any assets so distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assetsassets and/or Secondary Securities.
Appears in 8 contracts
Sources: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Articles Ten and Eleven, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 8 contracts
Sources: Indenture (Landmark Theatre Corp), Indenture (Koppers Industries Inc), Indenture (Federal Data Corp /Fa/)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Articles 10 and 11, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 7 contracts
Sources: Indenture (Hayes Lemmerz International Inc), Indenture (Outdoor Systems Inc), Indenture (Outdoor Systems Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 7 contracts
Sources: Indenture (Wickes Inc), Indenture (Doe Run Resources Corp), Indenture (Industrial Fuels Minerals Co)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may may, and upon direction of a majority of the Holders shall, at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company or any other obligor on the Notes to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 7 contracts
Sources: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Wellman North America Inc)
Paying Agent To Hold Assets in Trust. The Trustee as Paying Agent shall, and the Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Articles 10 and 11, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Defaultdefault with respect to the Notes, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 7 contracts
Sources: Indenture (Lamar Advertising Co/New), Indenture (Lamar Advertising Co/New), Indenture (Lamar Advertising Co/New)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. If the Company or any Affiliate of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund for the benefit of the Holders or the Trustee. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent (if other than the Company, or any Affiliate of the Company) shall have no further liability for such assets.
Appears in 6 contracts
Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, on the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 6 contracts
Sources: First Supplemental Indenture (American Greetings Corp), First Supplemental Indenture (American Greetings Corp), Indenture (American Greetings Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Defaultdefault, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 6 contracts
Sources: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, of or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any Default in any payment Defaultdue on the Notes, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 6 contracts
Sources: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee or the Issuer or any Subsidiary to agree in writing that that, subject to Article Twelve, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 5 contracts
Sources: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal Principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment DefaultDefault by the Company in making any such payment, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 5 contracts
Sources: Indenture (Cellstar Corp), Indenture (Cellstar Corp), Indenture (Cellstar Corp)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 5 contracts
Sources: Indenture (PGT Innovations, Inc.), Indenture (Air Transport Services Group, Inc.), Indenture (PGT Innovations, Inc.)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee or the Company or any Subsidiary to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (Hi-Crush Inc.), Indenture (Exide Technologies), Indenture (Exide Technologies)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (Versatel Telecom International N V), Dollar Indenture (MDCP Acquisitions I), Indenture (Versatel Telecom International N V)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall to hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Company, a Subsidiary Guarantor or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (New World Restaurant Group Inc), Indenture (Discovery Zone Inc), Indenture (New World Coffee Manhattan Bagel Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (Coinmach Service Corp), Indenture (Appliance Warehouse of America Inc), Indenture (Coinmach Laundry Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Article Ten and Article Twelve, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (Buhrmann Nederland B.V.), Indenture (Asap Software Express Inc), Indenture (Asap Software Express Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default or Event of Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 4 contracts
Sources: Indenture (Del Monte Foods Co), Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee or the Issuer or any Subsidiary to agree in writing that that, subject to Article Ten and Section 11.02, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 3 contracts
Sources: Indenture (Ply Gem Industries Inc), Indenture (Inverness Medical Innovations Inc), Indenture (Communications & Power Industries Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee or the Company or any Subsidiary to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 3 contracts
Sources: Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp), Indenture (Pilgrims Pride Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Senior Notes (whether such assets have been distributed to it by the Company or any other obligor on the Senior Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Senior Notes) in making any such payment. If the Company or its Subsidiary or Affiliate acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company (or other obligor or guarantor on the Senior Notes) to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 3 contracts
Sources: Indenture (Delta Financial Corp), Indenture (Delta Financial Corp), Indenture (Delta Financial Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 3 contracts
Sources: Indenture (Transportation Technologies Industries Inc), Indenture (TNP Enterprises Inc), Indenture (Buslease Inc /New/)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, of or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Roadhouse Grill Inc), Indenture (Roadhouse Grill Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or a Subsidiary of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Duane Reade Inc), Indenture (Duane Reade Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or a Subsidiary of the Company acts as Paying Agent, it shall segregate the money and hold it in a separate trust. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuers (or any other obligor on the Notes) in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee (or if the Company is acting as Paying Agent, segregate and hold in trust for the benefit of the Holders or the Trustee) all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Mariner Health Care Inc), Indenture (Brickman Group LTD)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee or the Issuer or any Subsidiary of the Issuer to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time prior to the occurrence and continuation of an Event of Default, may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Sotherly Hotels Lp), Indenture (Sotherly Hotels Lp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. If the Company or a Subsidiary of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Gaylord Container Corp /De/), Indenture (Gaylord Container Corp /De/)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or a Subsidiary of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Garden State Newspapers Inc), Indenture (Garden State Newspapers Inc)
Paying Agent To Hold Assets in Trust. The Company ESH REIT shall require each Paying Agent other than the Trustee or ESH REIT or any Subsidiary of ESH REIT to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company ESH REIT or any other obligor on the Notes), and shall notify the Trustee in writing of any default Default by the Company ESH REIT (or any other obligor on the Notes) in making any such payment. The Company ESH REIT at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company ESH REIT to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (ESH Hospitality, Inc.), Indenture (ESH Hospitality, Inc.)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or an Affiliate of the Company acts as Paying Agent, it shall segregate the money and hold it in a separate trust. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Autotote Corp), Indenture (Autotote Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee and the Principal Paying Agent to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Euro Indenture (MDCP Acquisitions I), Indenture (Preem Holdings Ab Publ)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other future obligor on the NotesSecurities), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. If the Company or an Affiliate of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund for the benefit of the Holders or the Trustee. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent (if other than the Company or an Affiliate of the Company) shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Capstar Broadcasting Partners Inc), Indenture (Amcast Radio Sales Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, or premium, if any, or and interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes)Securities, and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company Company, upon written direction to the Paying Agent, at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (International Fast Food Corp), Indenture (International Fast Food Corp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Articles X and XII, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Everest One Ipa Inc), Indenture (Hanger Orthopedic Group Inc)
Paying Agent To Hold Assets in Trust. The Company shall require ------------------------------------ each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of Accreted Value or principal ofof or interest, if any, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Cybernet Internet Services International Inc), Indenture (Cybernet Internet Services International Inc)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Defaultdefault, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 2 contracts
Sources: Indenture (Basic Energy Services Inc), Indenture (Basic Energy Services Inc)
Paying Agent To Hold Assets in Trust. The Company shall ------------------------------------- require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Cybernet Internet Services International Inc)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, of or interest on, the Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and the Paying Agent shall notify the Trustee of any default Default by the Company Issuers (or any other obligor on the Notes) in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall promptly notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may may, and upon direction of a majority of the Holders shall, at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Articles Ten and Eleven, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest and Additional Interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Nationsrent Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent (other than the Trustee Trustee) to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Company, the Guarantors or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default by the Company or the Guarantors (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and to account for any assets disbursed disbursed. The Trustee may, and upon direction of a majority of the Trustee may Holders shall, at any time during the continuance of any payment Defaultdefault, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Company, the Guarantors or any other obligor on the Notes to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Express Scripts Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee Trustee, the Principal Paying Agent and the Luxembourg Paying Agent to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) Guarantor in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that -- shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of of, Accreted Value or principal amount at maturity, as applicable, of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to promptly distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to promptly distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (NTK Holdings, Inc.)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent (other than the Trustee Trustee) to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and the Issuers and the Paying Agent shall notify the Trustee of any default Default by the Company Issuers (or any other obligor on the Notes) in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and to account for any assets disbursed disbursed. The Trustee may, and upon direction of a majority of the Trustee may Holders shall, at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers or any other obligor on the Notes to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Debentures (whether such assets have been distributed to it by the Company or any other obligor on the NotesDebentures), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesDebentures) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may may, and upon direction of a majority of the Holders shall, at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company or any other obligor on the Debentures to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Debenture Indenture (Wec Co)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made 47 -38- hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of Holders all cash, Notes, and any other assets evidencing or relating to the Holders or the Trustee all assets foregoing held by the such Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee Holders in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a the Paying Agent to distribute all such assets held by it to the Trustee Holders and account for any such assets disbursed and the Trustee Holders may at any time during the continuance of any payment Default, upon written request to a the Paying Agent, require such the Paying Agent to distribute all such assets held by it to the Trustee Holders and to account for any such assets distributed. Upon distribution to the Trustee Holders of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting ac- counting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Perry-Judds Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Senior Notes (whether such assets have been distributed to it by the Company or any other obligor on the Senior Notes), and shall notify the Trustee of any default by the Company (or any other obligor on the Senior Notes) in making any such payment. The Company Company, upon written request to a Paying Agent, at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Senior Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Senior Notes), and the Issuer and the Paying Agent shall notify in writing the Trustee of any default Default by the Company (or any other obligor on the Notes) Issuer in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Southwest Royalties Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes)Securities, and shall notify the Trustee in writing of any default Default by the Company (or any other obligor on the Notes) in making any such payment. To the extent the Company makes such payments directly to the Holders, the Company shall simultaneously notify the Trustee thereof in writing. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time time, but shall be under no obligation to, during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes)Securities, and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and (if other than the completion of any accounting required to be made hereunderCompany), the Paying Agent shall have no further liability for such assets.. If the Company or any Guarantor or any of their respective Affiliates acts as Paying Agent, it shall, on or before each due date of the principal of or interest on the Securities,
Appears in 1 contract
Sources: Indenture (Scot Inc)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that that, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuers (or any other obligor on the Notes) in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Norcraft Holdings, L.P.)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Stonemor Partners Lp)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default by the Company (or any other obligor on the Notes) in making any such payment. The Company Company, upon written request to a Paying Agent, at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Huntsman Packaging Corp)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee or the Issuer or any Subsidiary to agree in writing that that, subject to Article X and Section 11.02, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Ply Gem Holdings Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee Trust- ee all assets held by the Paying Agent for the payment of principal of, premium, if any, interest on or interest onAdditional Amounts with respect to, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent (if other than the Company or an Affiliate of the Company) shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Checkpoint Systems Inc)
Paying Agent To Hold Assets in Trust. The Company shall ------------------------------------ require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal ofof or interest, if any, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Cybernet Internet Services International Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall to hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Company, a Subsidiary Guarantor or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed disbursed, and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Company, a Subsidiary Guarantor or any other obligor on the Notes, to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (CSS Trade Names Inc)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the such Paying Agent for the payment of principal of, premium, if any, or and interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and such Paying Agent shall promptly notify the Trustee of any default Default by the Company or the Guarantors (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the a Paying Agent and the completion of any accounting required to be made hereunderAgent, the such Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Defaultdefault, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Co-Issuers shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Article Eight, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Co-Issuers or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Co-Issuers (or any other obligor on the Notes) in making any such payment. The Company Co-Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Co-Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) Issuer in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, on the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent (if other than the Company or an Affiliate of the Company) shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal and premium of, premium, if any, or Accreted Value and interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it in relation to such agreement to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default or Event of Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Del Monte Foods Co)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal Principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment DefaultDefault by the Company in making any such payment, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company eircom Funding shall require each Paying Agent other than the Trustee Trustee, the Principal Paying Agent and the Luxembourg Paying Agent to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (eircom Funding, Holdings or any other obligor on the Notes) Note Guarantor in making any such payment. The Company eircom Funding at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company eircom Funding to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Valentia Telecommunications)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Indenture Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Indenture Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Indenture Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Indenture Trustee and account for any assets disbursed disbursed, and the Indenture Trustee may at any time during the continuance of any payment Defaultdefault under Article 6, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Indenture Trustee and to account for any assets distributed. Upon distribution to the Indenture Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Transtel S A)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee and the Principal Paying Agent to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) Issuer in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Smurfit WestRock PLC)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and the Company and the Paying Agent shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (XCL LTD)
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders Securityholders or the Trustee all assets money held by the such Paying Agent for the payment of principal of, premium, if any, of or interest on, on the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. If the Company or a Subsidiary acts as Paying Agent, it shall segregate the money and hold it as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets money held by it to the Trustee and account for any assets funds disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets money held by it to the Trustee and to account for any assets money distributed. Upon distribution payment of all funds held by it to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderTrustee, the Paying Agent shall have no further liability for such assetsmoney.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company Issuer or any other obligor on the NotesSecurities), and shall notify the Trustee of any default by the Company Issuer (or any other obligor on the NotesSecurities) in making any such payment. The Company Issuer, upon written direction to the Paying Agent, at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunder, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (WESTMORELAND COAL Co)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of of, principal or Accreted Value of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuer (or any other obligor on the Notes) in making any such payment. The Company Issuer at any time may require a Paying Agent to promptly distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to promptly distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Nortek Holdings Inc)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the on Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to forthwith distribute all assets held by it to the Trustee and to account for any all assets distributedso held in trust by such Paying Agent together with a complete accounting of such sums. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Stonemor Partners Lp)
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuers or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Issuers (or any other obligor on the Notes) in making any such payment. The Company Issuers at any time may require a Paying Agent to promptly distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to promptly distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Company, or any other obligor on the Notes), and shall notify the Trustee in writing of any default by the Company (or any other obligor on the Notes) Default in making any such payment. If the Company or a Subsidiary of the Company acts as Paying Agent, it shall segregate such assets and hold them as a separate trust fund for the benefit of the Holders or the Trustee. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent (if other than the Company) shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, Liquidated Damages, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) Subsidiary Guarantor in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes)Securities, and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) in making any such payment. If either the Company or any of its Subsidiaries acts as Paying Agent, it shall segregate the money held by it as Paying Agent and hold it as a separate trust fund. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)
Paying Agent To Hold Assets in Trust. The Company Issuer shall require each Paying Agent other than the Trustee to agree in writing that each such Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer or any other obligor on the Notes), and the Issuer and the Paying Agent shall notify in writing the Trustee of any default Default by the Company (or any other obligor on the Notes) Issuer in making any such payment. The Company Issuer at any time may require a Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it pursuant hereto to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuer to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee Trustee, the Principal Paying Agent and the Luxembourg Paying Agent to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, Additional Amounts, if any, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (or any other obligor on the Notes) Note Guarantor in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company Issuers shall require each Paying Agent other than the Trustee to agree in writing that that, subject to Article Ten and Section 11.02, each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Issuer, the Co-Issuer or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company (Issuer, the Co-Issuer or any other obligor on the Notes) Notes in making any such payment. The Company Issuers at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Issuers to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Paying Agent To Hold Assets in Trust. The Company shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes Securities (whether such assets have been distributed to it by the Company or any other obligor on the NotesSecurities), and shall notify the Trustee of any default Default by the Company (or any other obligor on the NotesSecurities) in making any such payment. The Company at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract
Sources: Indenture (Wickes Inc)
Paying Agent To Hold Assets in Trust. The Company Casella shall require each Paying Agent other than the Trustee to agree in writing that each Paying Agent shall hold in trust for the benefit of the Holders or the Trustee all assets held by the Paying Agent for the payment of principal of, premium, if any, or interest on, the Notes (whether such assets have been distributed to it by the Company Casella or any other obligor on the Notes), and shall notify the Trustee of any default Default by the Company Casella (or any other obligor on the Notes) in making any such payment. The Company Casella at any time may require a Paying Agent to distribute all assets held by it to the Trustee and account for any assets disbursed and the Trustee may at any time during the continuance of any payment Default, upon written request to a Paying Agent, require such Paying Agent to distribute all assets held by it to the Trustee and to account for any assets distributed. Upon distribution to the Trustee of all assets that shall have been delivered by the Company Casella to the Paying Agent and the completion of any accounting required to be made hereunderAgent, the Paying Agent shall have no further liability for such assets.
Appears in 1 contract