Common use of Repayment to Issuer Clause in Contracts

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining will be repaid to the Issuer.

Appears in 3 contracts

Sources: Indenture (GameStop Corp.), Indenture (GameStop Corp.), Indenture (GameStop Corp.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, of or premium, if any, or interest, if any, on, interest on any Note and remaining unclaimed for two years (or such shorter period of time for return of such monies to the Issuer under applicable abandoned property laws) after such principal, and principal or premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 3 contracts

Sources: Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP), Indenture (Compton Petroleum Holdings CORP)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, interest or interestAdditional Amounts, if any, on, any Senior Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interestAdditional Amounts, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Senior Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause give notice to be published once, the Holders in The New York Times and The Wall Street Journal (national edition), notice accordance with Section 12.01 hereof that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 3 contracts

Sources: Senior Notes Indenture (IHS Holding LTD), Third Supplemental Senior Notes Indenture (IHS Holding LTD), Senior Notes Indenture (IHS Holding LTD)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, on any Note and remaining unclaimed for two (2) years after such principal, and premium, if any, or interest, if any, has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; , and the Holder shall thereafter, as an unsecured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securities, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities remains unclaimed and that, after a date specified therein, which shall not be less than 30 10 days from the date of such notification or publication, any unclaimed balance of such cash and securities then remaining will shall be repaid to the Issuer.

Appears in 2 contracts

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

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to applicable escheat and abandoned property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, or interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its their request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that that, if any Definitive Notes are then outstanding, the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Kodiak Gas Services, Inc.), Indenture (Kodiak Gas Services, Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, or interestinterest or Additional Amounts, if any, on, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interestinterest or Additional Amounts, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, Liquidated Damages, if any, or interest, if any, on, interest on any Senior Secured Note and remaining unclaimed for two years after such principal, and premium, Liquidated Damages, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Senior Secured Note shall thereafter, as an unsecured a secured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Ormat Technologies, Inc.), Indenture (Ormat Technologies, Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium or Additional Amounts, if any, and Additional Interest, if any, or interest, if any, on, interest on any Note and remaining unclaimed for two years after such principal, premium or Additional Amounts, if any, and premiumAdditional Interest, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Inmarsat Launch CO LTD), Indenture (Inmarsat Holdings LTD)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Principal Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, interest or interestAdditional Amounts, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interestAdditional Amounts, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiesmoney, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Principal Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published oncemade available to the newswire service of Bloomberg or, if Bloomberg does not operate, any similar agency or mail or otherwise provide to each Holder entitled to such money at such Holder’s address (as set forth in The New York Times and The Wall Street Journal (national edition), the register of Holders of Definitive Registered Notes maintained by the Registrar) notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Allwyn Entertainment AG), Indenture (Allwyn Entertainment AG)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Senior Trustee or any Paying Agentpaying agent, or then held by the Issuer, in trust for the payment of the principal ofprincipal, premium, if any, or interestinterest and Additional Interest, if any, on, any Note on the Notes and remaining unclaimed for two years after such principal, and premium, if any, or interestinterest and Additional Interest, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuer for payment thereof, and all liability of the Senior Trustee or such Paying Agent paying agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Senior Trustee or such Paying Agentpaying agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national editioneditions), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 2 contracts

Sources: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium or interest, including Additional Interest, if any, or interest, if any, on, on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, premium or interest, including Additional Interest, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer Issuer, cause to be published once, in The the New York Times (national edition) and The the Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 1 contract

Sources: Second Supplemental Indenture (Univar Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to any applicable abandoned property laws, money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interestinterest on, if any, on, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture Agreement (TUTOR PERINI Corp)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium or Additional Interest, if any, or interest, if any, on, interest on any Note and remaining unclaimed for two years (or such shorter period of time for return of such monies to the Issuer under applicable abandoned property laws) after such principal, and premiumpremium or Additional Interest, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Compton Petroleum Holdings CORP)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to any applicable abandoned property law, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, on any Note and remaining unclaimed for two years after such principal, principal and premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, ; and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Excelerate Energy, Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to Section 8.07, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest, if any, has become due and payable shall be paid to the Issuer on its their request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and or The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the IssuerIssuer or as required by applicable abandoned property law.

Appears in 1 contract

Sources: Indenture (Stonemor Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations ‌ Subject to applicable law, any money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, or interest, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, or interest, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured creditor, thereafter be permitted to look only to the Issuer for payment thereofthereof unless an applicable law designates another Person, and all liability of the Indenture Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, provided that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interestinterest or Liquidated Damages, if any, on, on any Note Debenture and remaining unclaimed for two years after such principal, and premium, if any, or interestinterest or Liquidated Damages, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Debenture shall thereafter, as an unsecured a secured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Thermadyne Holdings Corp /De)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, interest or interestAdditional Amounts, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interestAdditional Amounts, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Note will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published oncemade available to the newswire service of Bloomberg or, if Bloomberg does not operate, any similar agency and, for so long as the Notes are admitted to trading on the Official List of the Exchange and the rules and regulations of the Authority so require, publish such notice to the extent and in The New York Times the manner permitted by such rules and The Wall Street Journal (national edition)regulations, such notice to state that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Inspired Entertainment, Inc.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premiumpremium on, if any, interest or interestAdditional Amounts, if any, on, any Note and remaining unclaimed for two years after such principal, and premium, if any, interest or interestAdditional Amounts, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall will be discharged from such trust; and the Holder shall thereafter, as an unsecured creditor, of such Notes will thereafter be permitted to look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall will thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published oncemade available to the newswire service of Bloomberg or, in The New York Times and The Wall Street Journal (national edition)if Bloomberg does not operate, any similar agency, a notice stating that such cash and securities money remains unclaimed and that, after a date specified therein, which shall will not be less than 30 days from the date of publication of such notification or publicationnotice, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (InterXion Holding N.V.)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agentpaying agent, or then held by the Issuer, in trust for the payment of the principal ofprincipal, premium, if any, or interestinterest and Additional Interest, if any, on, any Note on a series of Notes and remaining unclaimed for two years after such principal, and premium, if any, or interestinterest and Additional Interest, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of a Note of such series shall thereafter, as an unsecured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent paying agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agentpaying agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national editioneditions), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Hovnanian Enterprises Inc)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the an Issuer, in trust for the payment of the principal of, premium, if any, or interestAdditional Interest, if any, on, or interest on any Note Security and remaining unclaimed for two years after such principal, and premium, if any, or interestAdditional Interest, if any, or interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Security shall thereafter, as an unsecured a creditor, look only to the Applicable Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Applicable Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Wal Mart Cayman Sterling Finance Co)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to applicable unclaimed property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 thirty (30) days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (American Woodmark Corp)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, Liquidated Damages, or interest, if any, on, interest on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interestLiquidated Damages, if any, or interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Corporate Express Delivery Systems Air Division Inc)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interestinterest or Liquidated Damages, if any, on, on any Note and remaining unclaimed for two years after such principal, and premium, if any, or interestinterest or Liquidated Damages, if any, has become due and payable shall be paid to the Issuer on its request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured a secured creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee trustees thereof, shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Decrane Holdings Co)

Repayment to Issuer. Any cash or non-callable U.S. Government Obligations Subject to applicable unclaimed property laws, any money deposited with the Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of, premium, if any, or interest, if any, on, on any Note and remaining unclaimed for two years one year after such principal, principal and premium, if any, or interest, if any, interest has become due and payable shall be paid to the Issuer on its written request or (if then held by the Issuer) shall be discharged from such trust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Trustee or such Paying Agent with respect to such cash and securitiestrust money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer cause to be published once, in The the New York Times and The Wall Street Journal (national edition), notice that such cash and securities money remains unclaimed and that, after a date specified therein, which shall not be less than 30 days from the date of such notification or publication, any unclaimed balance of such cash and securities money then remaining will shall be repaid to the Issuer.

Appears in 1 contract

Sources: Indenture (Entercom Communications Corp)