Common use of Release Upon Termination of the Issuer’s Obligations Clause in Contracts

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge of this Indenture occurs under Article Four, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.

Appears in 4 contracts

Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)

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Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the (i) payment in full of the Issuer’s obligations principal of, together with any premium and accrued and unpaid interest on, the Notes and all other Obligations under the Securities, this Indenture and the Security DocumentsCollateral Documents that are due and payable at or prior to the time such principal, together with any premiums and all such obligations have been so satisfiedaccrued and unpaid interest, are paid or (ii) a discharge Covenant Termination has occurred in compliance with the provisions of this Indenture occurs under Article FourSection 3.03, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Collateral Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done (at the expense of the Issuer) all acts reasonably necessary requested by the Issuer to release and discharge such Lien as soon as is reasonably practicable.

Appears in 4 contracts

Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance reasonably acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that (i) payment in full of the principal of, together with accrued and unpaid interest (including additional interest, if any) on, the Notes and all the obligations other Obligations under this Indenture, the Securities Guarantees and the Security Documents have been satisfied that are due and discharged by payable at or prior to the payment in full of the Issuer’s obligations under the Securitiestime such principal, this Indenture together with accrued and the Security Documentsunpaid interest, and all such obligations have been so satisfied, are paid or (ii) a discharge the Issuers shall have exercised their Legal Defeasance option or its Covenant Defeasance option, in each case in compliance with the provisions of this Indenture occurs under Article FourThirteen, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article Thirteen), and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.

Appears in 2 contracts

Samples: Supplemental Indenture (Clearwire Corp /DE), Indenture (Clearwire Corp /DE)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article FourXII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersNoteholder Parties, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien Xxxx as soon as is reasonably practicable.

Appears in 2 contracts

Samples: Indenture (Fresh Market Holdings, Inc.), Collateral Agreement (Fresh Market Holdings, Inc.)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article FourVIII, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.

Appears in 2 contracts

Samples: Supplemental Indenture (Muzak Capital, LLC), Supplemental Indenture (Muzak Capital, LLC)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that (i) payment in full of the principal of, together with accrued and unpaid interest on, the Notes and all the obligations other Obligations under this Indenture, the Securities Notes, the Guarantees and the Security Documents have been satisfied that were due and discharged by payable at or prior to the payment in full of the Issuer’s obligations under the Securitiestime such principal, this Indenture together with accrued and the Security Documentsunpaid interest, and all such obligations have been so satisfied, were paid or (ii) a discharge the Issuer shall have exercised its Legal Defeasance option or its Covenant Defeasance option, in each case in compliance with the provisions of this Indenture occurs under Article Four8, and in each case, an Opinion of Counsel stating that all conditions precedent to the execution and delivery of such notice by the Trustee have been satisfied, the Trustee and the Second Lien Collateral Agent shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf release of the holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee without recourse, representations or the Holders warranties and shall (or shall direct the Collateral Agent to) do or cause to be done (at the expense of the Issuer) all acts reasonably necessary requested of them to release such Lien as soon as is reasonably practicable.

Appears in 1 contract

Samples: Indenture (Nesco Holdings, Inc.)

Release Upon Termination of the Issuer’s Obligations. In the event that the Issuer deliver to the Trustee an Officer’s Certificate certifying that (i) that payment in full of the Issuer delivers to principal of, together with accrued and unpaid interest and premium, if any, on, the Trustee, in form Notes and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations other Obligations under this Indenture, the Securities Notes, the Guarantees and the Security Documents have been satisfied that are due and discharged by payable at or prior to the payment in full of the Issuer’s obligations under the Securitiestime such principal, this Indenture together with accrued and the Security Documentsunpaid interest and premium, and all such obligations have been so satisfiedif any, are paid or (ii) a discharge the Issuer shall have exercised their Legal Defeasance option or its Covenant Defeasance option, in each case in compliance with the provisions of this Indenture occurs under Article FourVIII, the Trustee shall deliver to the Issuer and the Notes Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article VIII), and any rights it has under the Security Documents, and upon receipt by the Notes Collateral Agent of such notice, the Notes Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done (at the expense of the Issuer) all acts reasonably necessary requested by the Issuer to release such Lien as soon as is reasonably practicable.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (RR Donnelley & Sons Co)

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Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance reasonably acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that (i) payment in full of the principal of, together with accrued and unpaid interest (including additional interest, if any) on, the Notes and all the obligations other Obligations under this Indenture, the Securities Guarantees and the Security Documents have been satisfied that are due and discharged by payable at or prior to the payment in full of the Issuer’s obligations under the Securitiestime such principal, this Indenture together with accrued and the Security Documentsunpaid interest (including additional interest, and all such obligations have been so satisfiedif any), are paid or (ii) a discharge the Issuer shall have exercised its legal defeasance option or its covenant defeasance option, in each case in compliance with the provisions of this Indenture occurs under Article FourVIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article VIII), and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.

Appears in 1 contract

Samples: Indenture (Broan-NuTone LLC)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge legal defeasance or covenant defeasance of this Indenture occurs under Article Four8, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary and requested by the Issuers to release such Lien as soon as is reasonably practicable.

Appears in 1 contract

Samples: Supplemental Indenture (Verso Paper Holdings LLC)

Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance reasonably acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that (i) payment in full of the principal of, together with accrued and unpaid interest (including additional interest, if any) on, the Notes and all the obligations other Obligations under this Indenture, the Securities Subsidiary Guarantees and the Security Documents have been satisfied that are due and discharged by payable at or prior to the payment in full of the Issuer’s obligations under the Securitiestime such principal, this Indenture together with accrued and the Security Documentsunpaid interest, and all such obligations have been so satisfied, are paid or (ii) a discharge the Issuer shall have exercised its Legal Defeasance option or its Covenant Defeasance option, in each case in compliance with the provisions of this Indenture occurs under Article FourVIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the holdersHolders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article XIII), and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall (or shall direct the Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.

Appears in 1 contract

Samples: Indenture (Atp Oil & Gas Corp)

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