Return of Moneys. Unclaimed for Two Years; Return of Additional Monies and U.S. Government Obligations. (a) Any moneys deposited with or paid to the Trustee or any Paying Agent pursuant to any provision of this Indenture for payment of the principal of or interest on the Securities of any Series and any coupon appertaining thereto and not applied but remaining unclaimed for two years after the date upon which the principal of or interest on such Securities or coupons, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee or such Paying Agent on demand; and the Holder of any of the Securities of such Series or coupons appertaining thereto shall thereafter look only to the Company for any payment which such Holder may be entitled to collect and all liability of the Trustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment with respect to moneys deposited with it for any payment (a) in respect of Registered Securities of any Series, shall at the expense of the Company, mail by first-class mail to Holders of such Securities at their addresses as they shall appear on the Security register, and (b) in respect of Unregistered Securities of any Series, shall at the expense of the Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and if the Securities of such Series are listed on the London Stock Exchange, once in an Authorized Newspaper in London, and if the Securities of such Series are listed on the Luxembourg Stock Exchange, once in an Authorized Newspaper in Luxembourg, notice, that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such mailing or publication, any unclaimed balance of such money then remaining will be repaid to the Company. (b) Any moneys or U.S. Government Obligations remaining on deposit with the Trustee pursuant to Section 8.01 or 8.02 with respect to Securities of a Series (including Securities of a Series which have a floating or variable rate of interest that cannot exceed a specified or determinable maximum rate of interest) shall, after payment of all amounts of principal of and interest on and other amounts due with respect to the outstanding Securities of such Series, be promptly remitted by the Trustee to the Company.
Appears in 2 contracts
Sources: Indenture (At&t Capital Corp /De/), Indenture (Newcourt Credit Group Inc)
Return of Moneys. Unclaimed for Two Years; Return of Additional Monies Moneys and U.S. Government Obligations.
(a) Any moneys deposited with or paid to the Trustee or any Paying Agent pursuant to any provision of this Indenture for payment of the principal of (and premium, if any) or interest on the Securities of any Series and any coupon appertaining thereto and not applied but remaining unclaimed for two years after the date upon which the principal of (and premium, if any) or interest on such Securities or coupons, as the case may be, shall have become due and payable, shall be repaid to the Company by the Trustee or such Paying Agent on demand; and the Holder of any of the Securities of such Series or coupons appertaining thereto shall thereafter look only to the Company for any payment which such Holder may be entitled to collect and all liability of the Trustee or any Paying Agent with respect to such moneys shall thereupon cease; provided, however, that the Trustee or such Paying Agent, before being required to make any such repayment with respect to moneys deposited with it for any payment (a) in respect of Registered Securities of any Series, shall at the expense of the Company, mail by first-class mail to Holders of such Securities at their addresses as they shall appear on the Security register, and (b) in respect of Unregistered Securities of any Series, shall at the expense of the Company cause to be published once, in an Authorized Newspaper in the Borough of Manhattan, The City of New York, and if the Securities of such Series are listed on the London Stock Exchange, once in an Authorized Newspaper in London, and if the Securities of such Series are listed on the Luxembourg Stock Exchange, once in an Authorized Newspaper in Luxembourg, notice, that such moneys remain and that, after a date specified therein, which shall not be less than thirty days from the date of such mailing or publication, any unclaimed balance of such money then remaining will be repaid to the Company.
(b) Any moneys or U.S. Government Obligations remaining on deposit with the Trustee pursuant to Section 8.01 or 8.02 with respect to Securities of a Series (including Securities of a Series which have a floating or variable rate of interest that cannot exceed a specified or determinable maximum rate of interest) shall, after payment of all amounts of principal of and interest on and other amounts due with respect to the outstanding Securities of such Series, be promptly remitted by the Trustee to the Company.
Appears in 1 contract
Sources: Indenture (At&t Capital Corp /De/)