Conditions to Release. (a) Subject to Section 7.1(c), all of the Indenture Excluded Collateral shall be released upon the earlier of the dates set forth in clauses (i) and (ii) below:
(i) the date on which (A) all of the Credit Agreement Obligations shall have been paid in full and (B) accrued and unpaid Collateral Trustee's Fees shall have been paid in full; or
(ii) the date on which (A) the Collateral Trustee shall have received written instructions from the Lender instructing the Collateral Trustee to release the Collateral and (B) accrued and unpaid Collateral Trustee's Fees shall have been paid in full.
(b) Subject to Section 7.1(c), from and after the payment in full of the Credit Agreement Obligations, all of the Collateral, to the extent not already released pursuant to this Agreement, shall be released upon the earlier of the dates set forth in clauses (i) and (ii) below:
(i) the date on which (A) all of the Indenture Obligations shall have been paid in full and (B) accrued and unpaid Collateral Trustee's Fees shall have been paid in full; or
(ii) the date on which (A) the Collateral Trustee shall have received written instructions from the Indenture Trustee instructing the Collateral Trustee to release the Collateral and (B) accrued and unpaid Collateral Trustee's Fees shall have been paid in full.
(c) On the dates referred to in Section 7.1(a) or Section 7.1(b) above, no Collateral shall be released unless and until no Grantor Default would exist after, or as a result of, the release of such Collateral. For purposes of this Section 7.l(c), the Collateral Trustee may conclusively presume that the release of the Collateral complies with the requirement of this Section 7.1(c) if the Collateral Trustee has received a written confirmation of the type described in Section 7.2(a).
(d) Notwithstanding anything to the contrary contained herein, the Collateral Trustee shall take any action, including the release of all or any portion of the Collateral, required pursuant to Section 2.3 or Section 7.4.
Conditions to Release. Borrower may cause a Release upon the satisfaction of the following conditions (all as reasonably approved by Lender):
(A) no Event or Default shall exist under any of the Loan Documents;
(B) not less than forty-five (45) (but not more than one hundred fifteen (115)) days prior written notice shall be given to Lender specifying the Release Date;
(C) all accrued and unpaid interest and all other sums due under the Note, this Loan Agreement and under the other Loan Documents up to the Release Date including, without limitation, all fees, costs and expenses incurred by Lender and its agents in connection with such Release shall be paid in full or evidenced by a Defeased Note on or prior to the Release Date;
(D) Borrower shall deliver forms of Release Instruments, each in appropriate form required by the state or states in which the Property is located; and
(E) Borrower shall deliver such other certificates, confirmations, documents or instruments as Lender reasonably deems necessary in connection with the Release, including, without limitation, a Rating Confirmation.
Conditions to Release. Section 7.1(a) of the Collateral Trust Agreement is hereby amended by replacing the phrase “written notice stating that the Credit Agreement and the L/C Agreement have terminated” after “(B)” in such section with the following phrase: “written notice stating that the Credit Agreement has terminated”.
Conditions to Release. Subject to the Escrow Agreement and this Article 11, the Escrow Property will be distributed:
(a) to the Issuer, upon delivery by the Issuer to the Trustee and Escrow Agent of an (i) Officers’ Certificate (the “Escrow Release Date Officers’ Certificate”), addressed to the Trustee and the Escrow Agent, certifying that (x) all of Escrow Conditions have been met or will be satisfied concurrently with the release of the Escrow Property, (y) all conditions precedent provided for in this Indenture have been complied with, and (z) directing the Trustee and the Issuer to execute and deliver a Joint Payment Instruction to the Escrow Agent to release all of the Escrow Property to the Escrow Issuer, and (ii) an Opinion of Counsel to the effect that all conditions precedent provided for in this Indenture have been complied with. Upon receipt of such Escrow Release Date Officer’s Certificate and Opinion of Counsel, the Trustee shall promptly execute and deliver to the Escrow Agent a Joint Payment Instruction instructing the Escrow Agent to release all of the Escrow Property to the Issuer.
(b) to the Paying Agent, if the Escrow Release Date has not occurred on or prior to the Date of Determination in which case, the Issuer will deliver to the Trustee on the next Business Day succeeding the Date of Determination (i) a Date of Determination Officer Certificate, and (ii) an Opinion of Counsel to the effect that all conditions precedent provided for in this Indenture have been complied with. Upon receipt of such Date of Determination Officer’s Certificate and Opinion of Counsel, the Trustee shall promptly execute and deliver to the Escrow Agent a Single Party Payment Instruction instructing the Escrow Agent to immediately release all of the Escrow Property to the Paying Agent and the Issuer will cause a Special Redemption of the Notes pursuant to Section 3.08.
(c) to the Paying Agent, if the Escrow Release Date has not occurred and the Trustee has not received a Date of Determination Officer Certificate or the Opinion of Counsel described in (b) above prior to 5:00 pm (New York City Time) on the Outside Date, in which case, the Trustee shall deliver to the Escrow Agent a Single Party Payment Instruction instructing the Escrow Agent to immediately release all of the Escrow Property to the Paying Agent, and the Trustee shall issue a Notice of Special Redemption pursuant to Section 3.08. If the amount of the Escrow Property transferred or to be transferred by the Escrow Agent ...
Conditions to Release. Upon to earlier to occur of the Animas Release Condition and the Purchaser Release Condition the Escrow Agent shall, subject to the receipt of the Joint Direction, release the Escrowed Funds to (i) Animas, if the Animas Release Condition is the first to occur or (ii) the Purchaser, if the Purchaser Release Condition is the first to occur.
Conditions to Release of Holdings from the Credit Agreement. ----------------------------------------------------------- Upon the satisfaction in order of each of the following conditions (in form and substance acceptable to the Required Lenders), the Administrative Agent, on behalf of itself and each of the Lenders, shall execute and deliver (and each of the Lenders hereby authorized the Administrative Agent to execute and deliver) a Release of Borrower in favor of Holdings:
Conditions to Release. In addition to the conditions set forth in Section 3.01, the release of the Escrow Property from the Escrow Account for the benefit of the Borrower (other than in accordance with Section 2.19(b)(ii)) are subject to the satisfaction, or waiver in accordance with Section 10.05, of the following conditions precedent on or prior to the Escrow Account Termination Date (the date such conditions are satisfied and the Escrow Property is released from the Escrow Account for the benefit of the Borrower, the “Escrow Account Release Date”):
Conditions to Release. Borrower may cause a Release upon the satisfaction of the following conditions (all as reasonably approved by Xxxxxx):
(A) no Event or Default shall exist under any of the Loan Documents.
(B) not less than forty-five (45) (but not more than ninety (90) days prior written notice shall be given to Lender specifying a date (such date being on a Payment Date) on which the Yield Maintenance Premium is to be delivered (the “Release Date”).
(C) all accrued and unpaid interest and all other sums due under this Note, the Loan Agreement and under the other Loan Documents up to the Release Date including, without limitation, all fees, costs and expenses incurred by Lender and its agents in connection with such Release shall be paid in full on or prior to the Release Date.
(D) Forms of all documents necessary to release the Property from the liens created by the Security Instrument and related UCC financing statements (collectively, “Release Instruments”), each in appropriate form required by the state in which the Property is located.
(E) Such other certificates, confirmations, documents or instruments as Lender reasonably deems necessary in connection with the Release.
Conditions to Release. (a) Subject to this Section 10.1, all of the Collateral shall be released upon the earlier of the dates set forth in clauses (i) and (ii) below:
(i) the date on which (A) all the Bank Obligations shall have been paid to, or in the case of any Bank Obligations which shall then not be due and payable, secured to the satisfaction of, the Bank Secured Parties and (B) accrued and unpaid Trustee's Fees shall have been paid in full; or
(ii) the date on which (A) the Borrower shall have received written instructions from all of the Bank Secured Parties instructing the Borrower to direct the Trustee to release the Collateral, and (B) accrued and unpaid Trustee's Fees shall have been paid in full.
(b) On the dates referred to in Section 10.1(a)(i) and 10.1(a)(ii) above, the Collateral shall not be released unless and until no Grantor Default would exist after, or as a result of, the release of the Collateral. For purposes of this Section 10.1(b), the Trustee may conclusively presume that the release of the Collateral complies with the requirement of this Section 10.1(b) if the Trustee has received a written confirmation of the type described in Section 10.2(a)(ii).
Conditions to Release. On the Release Date, the Release is subject to satisfaction or waiver (in accordance with Section 10.01) of the following conditions precedent:
(a) The Administrative Agent’s receipt of the following, each of which shall be originals or facsimiles or “.pdf” or “tiff” files (followed promptly by originals) unless otherwise specified, each properly executed by a Responsible Officer of the signing Loan Party, if applicable, each dated as of the Release Date (or, in the case of certificates of governmental officials, a recent date before the Release Date), each in form and substance reasonably satisfactory to the Administrative Agent, and each accompanied by their respective required schedules and other attachments (and set forth thereon shall be all required information with respect to Holdings, the Company and its Subsidiaries, giving effect to the Transactions):
