Common use of Covenant Defeasance Clause in Contracts

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their respective obligations under the covenants contained in Article 4 (other than Sections 4.034.01 and 4.04) and Section 5.01(other than Section 5.01(b)(i), 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 (ii) and 4.11 hereof and clause (3iii)) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means thatthat the Issuer and the Guarantors may, with respect to the outstanding Notes and the Guarantees, the Issuer Note Guarantee and with respect to the Guarantors may the Collateral Documents to which it is party, omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes Notes, Note Guarantee and the Guarantees Collateral Documents shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) the Events of Default set forth in Section 6.01 (solely with respect except those relating to payments on the covenants that are released upon a Covenant Defeasance)Notes or, 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7clause (x) (solely with respect to the Issuer’s Restricted Subsidiariesof Section 6.01) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof 12.01 of the option applicable to this Section 8.0312.03, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof12.04, be released from each of their obligations under the covenants contained in Sections 4.0310.06, 4.0410.08, 4.0610.09, 4.0710.10, 4.0810.11, 4.0910.12, 4.10 and 4.11 hereof and clause (3any covenant provided pursuant to Section 9.01(ii) of Section 5.01(a) hereof with respect to the outstanding Notes Outstanding Securities on and after the date the conditions set forth in Section 8.04 hereof 12.04 are satisfied (hereinafter, “Covenant Defeasance”), and the Notes Securities shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes Securities shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Outstanding Securities and the Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof5.01, but, except as specified above, the remainder of this Indenture and such Notes Securities and the Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof 12.01 of the option applicable to this Section 8.03 hereof12.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof12.04, Sections 6.01(35.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6through 5.01(5) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Article 4 (other than those in Sections 4.034.01, 4.044.02 and 4.06 and, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof solely with respect to the outstanding Notes Issuers, 4.14) and in clause (d) of Section 5.01 hereof on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Issuers and the Guarantors any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSection 6.01(d) and 6.01(8Sections 6.01(f) through 6.01(h) hereof shall not constitute Events of Default. If the Issuers exercise their Covenant Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee and any security for the Notes (other than the trust) will be released.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.04 and 4.11 4.05 hereof and clause (3) of Section 5.01(a) hereof in any supplemental indenture or Officer’s Certificate established with respect to the outstanding Notes of a series pursuant to Section 2.03 hereof on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes of such series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes of such series shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guaranteesof such series, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and the Notes of such Notes and the Guarantees series shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereofhereof with respect to the Notes of a series, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Section 6.01(c) hereof shall not constitute Events an Event of DefaultDefault for such series.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 3.09, 4.03, 4.044.04 (except for paragraph (a) thereof to the extent required by the TIA), 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.15, 4.18 and 4.11 4.19 hereof and clause (34) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes Notes, and the Guarantors will be released from their obligations with respect to the Note Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), through 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesinclusive and Section 6.01(10) and 6.01(8) hereof shall will not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.074.12, 4.084.13, 4.094.14, 4.10 4.15 and 4.11 4.16 hereof and clause (34) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries that are Significant Parties), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries that are Significant Parties) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 4.17 hereof and clause Sections 5.01(a)(1)(d) and (3) of e), and Section 5.01(a5.01(b) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. If the Issuers exercise the Covenant Defeasance option, each Guarantor will be released from all of its obligations with respect to its Guarantee. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3), 6.01(4) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the IssuerCompany’s Restricted Subsidiaries), 6.01(8) (solely with respect to the Company’s Restricted Subsidiaries) and 6.01(86.01(9) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof 11.01 of the option applicable to this Section 8.0311.03, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof11.04, be released from their obligations its obligations, and each Restricted Subsidiary shall be released from its obligations, under the covenants contained in Sections 4.037.22 through 7.30, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 the covenants set forth in the Security Documents and 4.11 hereof and the limitations set forth in clause (3) of Section 5.01(a8.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 11.04 are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Company and the Guarantors each Restricted Subsidiary may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof9.01, but, except as specified above, the remainder of this Indenture Indenture, the Security Documents and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof 11.01 of the option applicable to this Section 8.03 hereof11.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof11.04, (i) Sections 6.01(39.01(6), (7), (8) (clauses (7) and (solely 8) with respect to the covenants that are released upon a Covenant DefeasanceSignificant Subsidiaries only), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesand Sections 9.01(9) and 6.01(8(10) hereof shall not constitute Events of DefaultDefault and (ii) payment of the Notes may not be accelerated because of an Event of Default specified in Sections 9.01(4), (5), (6), (7), (8) (clauses (7) and (8) with respect to Significant Subsidiaries only), or Sections 9.01(9) and (10) or because of the failure of the Company to comply with clause (3) of Section 8.01(a).

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof and the Security Documents with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.038.04, (i) the Issuer Co-Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, be released from each of their obligations under the covenants contained in Sections 4.034.03 (other than with respect to the legal existence of the Co-Issuers), 4.04, 4.064.09 through 4.19, 4.07, 4.08, 4.09, 4.10 4.21 and 4.11 hereof 5.01 (except for the covenants contained in clauses (a)(1) and clause (3a)(2) of Section 5.01(athereof) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.05 are satisfied (hereinafter, “Covenant Defeasance”), (ii) the Co-Issuers and the Guarantors may cause the release of the Note Guarantees and of any Liens securing the Notes or the Guarantees, and (iii) the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Co-Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply comply, and any release of the Note Guarantees or of Liens securing the Notes or the Note Guarantees, shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.03 hereof8.04, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6through 6.01(10) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerPartnership’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Partnership and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11 and 4.11 hereof and clause (3) of Section 5.01(a) hereof 5.01 with respect to the outstanding Notes and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to all Note Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to this Indenture and the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the IssuerPartnership’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3an Event of Default specified in Section 6.01(a)(3) (solely only with respect to the covenants that are released upon as a result of such Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6Section 6.01(a)(4) (solely only with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Significant Subsidiaries) and 6.01(8) hereof Section 6.01(a)(5), in each case, shall not constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.07 and 4.11 4.08 hereof and clause (3Sections 5.01(a)(2) of Section 5.01(aand 5.01(a)(3) hereof with respect to the Notes outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the Notes outstanding Notes and the GuaranteesGuarantee related to such Notes, the Issuer and the Guarantors Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees Guarantee shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections Section 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), Section 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Section 6.01(6) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.038.3, the Issuer Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be released from their its obligations under the covenants contained in Sections 4.034.4, 4.044.5, 4.064.11, 4.074.12, 4.084.13, 4.094.14, 4.10 4.15, 4.17, 4.18, 4.19, 4.20 and 4.11 hereof and clause (3) of Section 5.01(a) 4.21 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”), ") and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Subsidiary Guarantees, the Issuer Company and the Guarantors Subsidiary Guarantors, respectively, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant or Subsidiary Guarantee, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein herein, in a Subsidiary Guarantee or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 6.1 hereof, but, except as specified above, the remainder of this Indenture and Indenture, such Notes and the Subsidiary Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.03 8.3 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, Sections 6.01(36.1(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 6.1(g) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants (each, a “Defeased Covenant, and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17 and 4.11 4.18 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasanceany Significant Party), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesany Significant Party) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.038.3, the Issuer Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be released from their its obligations under the covenants contained in Sections 4.034.4, 4.044.5, 4.064.11, 4.074.12, 4.084.13, 4.094.14, 4.10 4.15, 4.17, 4.18, 4.19, 4.20 and 4.11 hereof and clause (3) of Section 5.01(a) 4.21 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”), ") and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Subsidiary Guarantees, the Issuer Company and the Guarantors Subsidiary Guarantors, respectively, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant or Subsidiary Guarantee, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein in a Subsidiary Guarantee or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 6.1 hereof, but, except as specified above, the remainder of this Indenture and Indenture, such Notes and the Subsidiary Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.03 8.3 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, Sections 6.01(36.1(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 6.1(g) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 3.09, 4.03, 4.044.04 (except for paragraph (a) thereof to the extent required by the TIA), 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.15, 4.18 and 4.11 4.19 hereof and clause (34) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes of a series, and the Guarantors will be released from their obligations with respect to the related Note Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall of such series will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes of such series and the related Note Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereofhereof with respect to such series, but, except as specified above, the remainder of this Indenture and such Notes and the related Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely through 6.01(7) inclusive and Section 6.01(10) will not constitute Events of Default with respect to the covenants applicable series of Notes. For the avoidance of doubt, it is understood and agreed that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely the Issuers may exercise their covenant defeasance option under this Section 8.03 with respect to one series of Notes without affecting the obligations of the Issuers and the Guarantors with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events other series of DefaultNotes.

Covenant Defeasance. Upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.038.04, (i) the Issuer Co-Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, be released from each of their obligations under the covenants contained in Sections 4.034.03 (other than with respect to the legal existence of the Co-Issuers), 4.04, 4.06, 4.07, 4.084.09 through 4.18 (except for obligations under Section 4.17 mandated by the Trust Indenture Act), 4.09, 4.10 and 4.11 hereof Section 5.01 (except for the covenants contained in clauses (a)(1) and clause (3a)(2) of Section 5.01(athereof) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.05 are satisfied (hereinafter, “Covenant Defeasance”), (ii) the Co-Issuers and the Guarantors may cause the release of the Note Guarantees and of any Liens securing the Notes or the Guarantees, and (iii) the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Co-Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply comply, and any release of the Note Guarantees or of Liens securing the Notes or the Note Guarantees, shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.03 hereof8.04, subject to the satisfaction of the conditions set forth in this Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), through 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations its obligations, and each Restricted Subsidiary shall be released from its obligations, under the covenants contained in Sections 4.034.09 through 4.17, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 the covenants set forth in the Security Documents and 4.11 hereof and the limitations set forth in clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Company and the Guarantors each Restricted Subsidiary may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture Indenture, the Security Documents and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, (i) Sections 6.01(36.01(6), (7), (8) (clauses (7) and (solely 8) with respect to the covenants that are released upon a Covenant DefeasanceSignificant Subsidiaries only), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesand Sections 6.01(9) and 6.01(8(10) hereof shall not constitute Events of DefaultDefault and (ii) payment of the Notes may not be accelerated because of an Event of Default specified in Sections 6.01(4), (5), (6), (7), (8) (clauses (7) and (8) with respect to Significant Subsidiaries only), or Sections 6.01(9) and (10) or because of the failure of the Company to comply with clause (3) of Section 5.01(a).

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.034.05, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.07 through 4.12 and 4.11 4.14 through 4.18 hereof and clause Section 5.01(a)(iv) and (3) of Section 5.01(ab) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer and the Guarantors Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(iii), 6.01(iv), 6.01(v) (solely with respect to the covenants Restricted Subsidiaries that are released upon a Covenant DefeasanceSignificant Subsidiaries), 6.01(4), 6.01(5), 6.01(66.01(vi) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries that are Significant Subsidiaries) and 6.01(86.01(vii) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 hereof 4.17 hereof, clauses (4) and clause (35) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such the Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the all outstanding Notes and the related Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified abovein this Section 8.03, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to a Significant Subsidiary of the Issuer but not with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to a Significant Subsidiary of the Issuer but not with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants covenants, and have all Liens on the Collateral released (each, a “Defeased Covenant,” and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.14, 4.15 and 4.11 4.18 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6any Significant Party) and 6.01(a)(7) hereof (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7any Significant Party) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.11, 4.12, 4.13, 4.14, 4.18 and 4.11 hereof and clause (3) of Section 5.01(a) 4.19 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Notes, the Guarantees and the Guarantees, Supplemental Guarantee the Issuer Issuers and the Guarantors and the Supplemental Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees and the Supplemental Guarantee, if any, shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted SubsidiariesIssuers and the Guarantors), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesIssuers and the Guarantors) and 6.01(8), 6.01(9), 6.01(10), 6.01(11), 6.01(12) and 6.01(13) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 4.03, 4.044.05, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof 4.11, and clause (3) of Section 5.01(a) hereof the Guarantors shall be deemed to have been discharged from their obligations with respect to the outstanding Notes all Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to this Indenture and the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In additionIf the Company exercises its Covenant Defeasance option, upon the Issuer’s exercise under Section 8.01 hereof an Event of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth Default specified in Section 8.04 hereof6.01(a)(4), Sections 6.01(36.01(a)(5), 6.01(a)(6) (only with respect to covenants that are released as a result of such Covenant Defeasance), 6.01(a)(7), 6.01(a)(8) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Significant Subsidiaries), 6.01(7Section 6.01(a)(9) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof or 6.01(a)(10), in each case, shall not constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.037.03, the Issuer shall and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 7.04 hereof, be released from their obligations under any of the covenants contained in this Indenture other than under Sections 4.01, 4.02, 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.05 and 4.11 hereof clauses (i) and clause (3ii) of Section 5.01(a) 4.23 hereof with respect to the outstanding Senior Secured Notes and may terminate the Liens of the Security Documents on the Collateral to the extent that such Liens run to the benefit of the Trustee, the Holders or other agents under any of the Security Documents on and after the date the conditions set forth in Section 8.04 hereof 7.04 are satisfied (“hereinafter, "Covenant Defeasance”"), and the Senior Secured Notes and all obligations of the Guarantors with respect to the Guarantees shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Senior Secured Notes and all obligations of the Guarantors with respect to the Guarantees shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesSenior Secured Notes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 5.01 hereof, but, except as specified above, the remainder of this Indenture and such Senior Secured Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.03 7.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 7.04 hereof, Sections 6.01(35.01(b) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesthrough 5.01(d) and 6.01(8Sections 5.01(g) through 5.01(l) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon The Issuer may, at its option and at any time, elect to have all of its obligations and the Issuer’s exercise under Section 8.01 hereof obligations of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.15, 4.16 and 4.11 hereof and clause (3) of Section 5.01(a) hereof 4.17 released with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 9.04 are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not to be “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit or fail to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Indenture, the Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to in this Section 8.03 hereof9.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, Sections 6.01(3), (4), (5), (6), (7) (solely with respect to the covenants a Subsidiary that are released upon is a Covenant Defeasance)Significant Subsidiary and any group of Subsidiaries that, 6.01(4)taken together, 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiarieswould constitute a Significant Subsidiary) and 6.01(8) hereof (8) shall not constitute Events of Default. Notwithstanding any discharge or release of any obligations under this Indenture pursuant to Section 9.02 or this Section 9.03, the obligations of the Issuer and the Guarantors, as applicable, under Sections 7.07, 9.05 and 9.06 and, the obligations of the Trustee under Sections 9.05, 9.07 and 9.08 shall survive such discharge or release.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their respective obligations under the covenants contained in Sections 4.033.09, 4.044.03 (except for the obligation to comply with TIA §314(a)), 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 (as it relates to any Restricted Subsidiary of the Partnership), 4.15, 4.16 and 4.11 4.17 hereof and clause (34) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(c), 6.01(4(d), 6.01(5(e), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiariesf), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesg) and 6.01(8(j) hereof shall will not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.038.03 with respect Notes, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.064.02 (other than Section 4.02(e)), 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13 and 4.11 hereof and clause (35.01(a)(4) of Section 5.01(a) hereof with respect to the outstanding Notes this Indenture on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstandingOutstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstandingOutstanding” for all other purposes hereunder (it being understood that such the Notes shall not be deemed outstanding Outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesOutstanding Notes, the Issuer Company and the Guarantors its Restricted Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such the Notes and the Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereofwith respect to the Notes, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely only with respect to the defeased covenants that are released upon a Covenant Defeasancehereunder), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(d) and 6.01(86.01(e) hereof shall not constitute Events of DefaultDefault with respect to such Notes. In the event that the Company terminates all of its obligations under the Notes and this Indenture by exercising the Legal Defeasance option or the Covenant Defeasance option, the obligations of each Guarantor under its Guarantee of such Notes shall be terminated simultaneously with the termination of such obligations.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors its Subsidiaries shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from each of their obligations under the covenants contained in Sections 4.03, 4.044.04(a), 4.05, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11 and 4.11 hereof and clause (3) of Section 5.01(a) hereof 5.01 with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer and the Guarantors its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect and 6.01(6) and, to the covenants that are released upon extent relating to a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to Significant Subsidiary of the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSections 6.01(4) and 6.01(86.01(5) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the The Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.03 hereof, be released from their obligations with respect to the Notes and the Guarantees under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and 4.10, 4.11, 4.12, 4.13, clause (3iii) of Section 5.01(a4.14 and Article 6 (except for Sections 6.03 and 6.10) hereof with respect to the outstanding Notes and each Guarantor’s obligation under its Guarantee, on and after the date that the conditions set forth in Section 8.04 hereof 8.03 are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” outstanding for all other purposes hereunder (it being understood that such the Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Issuer, the Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 5.01 hereof, but, except as specified above, the remainder of this Indenture and such the Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject Subject to the satisfaction of the conditions set forth in Section 8.04 8.03 hereof, Sections 6.01(35.01(iii) (solely with respect to the covenants that are released upon a Covenant Defeasanceso defeased), 6.01(45.01(iv), 6.01(55.01(v), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries5.01(vi) and 6.01(85.01(ix) hereof shall not constitute Events of DefaultDefault or Defaults hereunder.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants (each, a “Defeased Covenant, and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 4.16 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding 2017 A Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the 2017 A Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such 2017 A Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees2017 A Notes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such 2017 A Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasanceany Significant Party), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesany Significant Party) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.14 and 4.11 4.15 hereof and clause (3) the operation of Section 5.01(a) hereof 5.01 with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries that are Significant Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries that are Significant Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, 4.17 and 4.11 4.18 hereof and clause (3iv) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“hereinafter, "Covenant Defeasance”"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 6.01(f) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.044.05, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12 and 4.11 hereof 4.13 and clause clauses (3) and (4) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), through 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon Subject to the Issuer’s exercise under Section 8.01 hereof compliance with this Article 8, the Company may, at the option of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction Board of the conditions Directors evidenced by a resolution set forth in Section 8.04 hereofan Officers’ Certificate, be and at any time, elect to have the obligations of the Company and the Subsidiary Guarantors released from their obligations under the covenants contained in with respect to Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 hereof 4.15 (such release and clause (3) of Section 5.01(a) hereof with respect termination being referred to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (as “Covenant Defeasance”), the Subsidiary Guarantee respecting such Notes shall be discharged, and the Notes of such series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP), and thereafter any omission to comply with such obligations or provisions shall not constitute a Default or Event of Default with respect to the Notes. In the event Covenant Defeasance occurs in accordance with this Indenture, the Events of Default described under clauses (iii) through (viii) in Section 6.01(a) and the Event of Default described under clauses (ix) and (x) of Section 6.01(a) (but only with respect to Subsidiaries of the Company), in each case, shall no longer constitute an Event of Default with respect to the Notes. In addition, upon the occurrence of Covenant Defeasance all obligations of the Subsidiary Guarantors with respect to their Subsidiary Guarantees shall be discharged. For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Company and the Guarantees, the Issuer and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereofDefault, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants (each, a “Defeased Covenant, and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 4.16 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding 2017 B Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the 2017 B Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such 2017 B Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees2017 B Notes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such 2017 B Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasanceany Significant Party), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesany Significant Party) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Article 4 (other than those in Sections 4.034.01, 4.044.02, 4.06, 4.07, 4.08, 4.09, 4.10 4.06 and 4.11 hereof 4.14) and in clause (3d) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Issuers and the Guarantors any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 6.01(g) hereof shall not constitute Events of Default. If the Issuers exercise their Covenant Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee and any security for the Notes (other than the trust) will be released.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject provisions of this Supplemental Indenture will no longer be in effect with respect to the satisfaction clause (3) of the conditions set forth in first paragraph under Section 8.04 hereof, be released from their obligations under 5.01(a) and all the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof described herein under Article 4 (hereinafter “Covenant Defeasance”) and clause (3) of under Section 5.01(a) hereof 6.01 with respect to such clause (3) of the outstanding first paragraph under Section 5.01(a), clauses (4) and (5) under Section 6.01 with respect to such other covenants and clauses (6) and (7) under Section 6.01 shall be deemed not to be Events of Default upon, among other things, the deposit with the Trustee, in trust, of money and/or U.S. Government Obligations that through the payment of interest and principal in respect thereof in accordance with their terms will provide money in an amount sufficient to pay the principal of, premium, if any, and accrued interest on the Notes on the Stated Maturity of such payments in accordance with the terms of the Indenture and after the date Notes, the conditions set forth satisfaction of the provisions described in clauses 2(B), (3) and (7) of Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the delivery by the Company to the Trustee of an Opinion of Counsel to the effect that, among other things, the Holders will not recognize income, gain or loss for federal income tax purposes as a result of such deposit and defeasance of certain covenants and Events of Default and will be subject to federal income tax on the same amount and in the same manner and at the same times as would have been the case if such deposit and defeasance had not occurred. Upon such an occurrence the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Company and the Subsidiary Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this the Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof event that the Company exercises its option to omit compliance with certain covenants and provisions of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely Indenture with respect to the covenants Notes as described in the immediately preceding paragraph and the Notes are declared due and payable because of the occurrence of an Event of Default that are released upon a Covenant Defeasance)remains applicable, 6.01(4)the amount of money and/or U.S. Government Obligations on deposit with the Trustee will be sufficient to pay amounts due on the Notes at the time of their Stated Maturity but may not be sufficient to pay amounts due on the Notes at the time of the acceleration resulting from such Event of Default. However, 6.01(5), 6.01(6) (solely the Company will remain liable for such payments and the Company’s obligations or any Subsidiary Guarantor’s Note Guarantee with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Defaultsuch payments will remain in effect.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 4.16 hereof and clause Sections 5.01(a)(2) and (3) of Section 5.01(a4) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the any Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants Issuers and their Restricted Subsidiaries that are released upon a Covenant DefeasanceSignificant Subsidiaries), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Issuers and their Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries that are Significant Subsidiaries) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.14, 4.15, 4.17 and 4.11 hereof and clause (3Section 5.01(a)(4) of Section 5.01(a) hereof with respect to the outstanding Notes Notes, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to this Indenture and the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture Indenture, and such Notes and the Notes Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3the operation of Section 6.01(a)(3), Section 6.01(a)(4), Section 6.01(a)(5)(solely with respect to Restricted Subsidiaries that are Significant Subsidiaries or a group of Restricted Subsidiaries that, taken together as of the date of the most recent audited financial statements of LGEC and the Restricted Subsidiaries, would constitute a Significant Subsidiary), Section 6.01(a)(6) (solely with respect to the covenants Restricted Subsidiaries that are released upon Significant Subsidiaries or a Covenant Defeasancegroup of Restricted Subsidiaries that, taken together as of the date of the most recent audited financial statements of LGEC and the Restricted Subsidiaries, would constitute a Significant Subsidiary), 6.01(4), 6.01(5), 6.01(6Section 6.01(a)(7) (solely with respect to Restricted Subsidiaries that are Significant Subsidiaries or a group of Restricted Subsidiaries that, taken together as of the Issuer’s date of the most recent audited financial statements of LGEC and the Restricted Subsidiaries, would constitute a Significant Subsidiary) and Section 6.01(a)(8), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuer, the Parent and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 3.09, 4.03, 4.044.05, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes Notes, and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to all Guarantees (other than the Guarantee of the Parent), on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to this Indenture and the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Indenture, the Notes and the Guarantees Guarantee of the Parent shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections an Event of Default specified in Section 6.01(3) (only with respect to covenants that are released as a result of such Covenant Defeasance) and 6.01(4), (5) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6Parent or any Significant Subsidiary) and (6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7Parent or any Significant Subsidiary) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not will no longer constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s AirGate's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.038.3, the Issuer and the Guarantors AirGate shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be released from their its obligations under the covenants contained in Sections 4.034.7, 4.044.8, 4.064.9, 4.074.10, 4.084.11, 4.094.12, 4.10 4.13, 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.20, 4.21 and 4.11 hereof and clause (3) of Section 5.01(a) 5.1 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors AirGate or any of its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 6.1 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s AirGate's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.03 hereof8.3, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.1(iii) and 6.01(8(iv) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.038.03 with respect to the Notes of a series, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 3.08, 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15 and 4.11 hereof 4.16 hereof, and clause clauses (3iv) and (v) of Section 5.01(a), and Section 5.01(e) hereof with respect to the all outstanding Notes of such series and the related Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes of such series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that the Notes of such Notes series shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the all outstanding Notes of a series and the related Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and with respect to such series, the Notes of such series and the related Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3Section 6.01(a)(iii) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(46.01(a)(iv), 6.01(56.01(a)(v), 6.01(66.01(a)(vi) (solely with respect to Restricted Subsidiaries (other than the Issuer’s Restricted Subsidiaries) subject thereto), 6.01(76.01(a)(vii) (solely with respect to Restricted Subsidiaries (other than the Issuer’s Restricted Subsidiaries) subject thereto) and 6.01(86.01(a)(viii) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer he Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.074.05, 4.08, 4.09, 4.10 4.12, 4.13, 4.15, 4.16, 4.17 and 4.11 hereof and clause (3) of Section 5.01(a5.01(a)(iii) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall Note Guarantees, will be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3and clauses (iii), (iv), (v) (solely with respect to the covenants that are released upon a Covenant DefeasanceSignificant Subsidiary), 6.01(4), 6.01(5), 6.01(6(vi) (solely with respect to the Issuer’s Restricted Subsidiariesa Significant Subsidiary), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesvii) and 6.01(8(viii) hereof shall of Section 6.01(a) will not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under Section 8.01 11.1 hereof of the option applicable to this Section 8.0311.3, each if the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 11.4 hereof, be released from their its obligations under the covenants contained in Sections 4.035.11, 4.045.12, 4.065.13, 4.075.14, 4.085.15, 4.095.16, 4.10 5.17, 5.18, 5.19, 5.20, 5.21, 5.22, 5.23 and 4.11 hereof and clause (3) of Section 5.01(a) 5.24 hereof with respect to the outstanding Outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 11.4 are satisfied (“Covenant Defeasance”hereinafter, "COVENANT DEFEASANCE"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereofthereto) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesOutstanding Notes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 7.1 hereof, but, except as specified above, the remainder of this Indenture Indenture, the Subsidiary Guarantees and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers' exercise under Section 8.01 11.1 hereof of the option applicable to this Section 8.03 11.3 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 11.4 hereof, Sections 6.01(37.1(e) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 7.1(g) hereof shall not constitute Events of Default.

Covenant Defeasance. (a) The Company may, at its option by Board Resolution of the Board of Directors of the Company, at any time, elect to have this Section be applied to all outstanding Notes upon compliance with the conditions set forth in Section 9.04. (b) Upon the Issuer’s Company's exercise under Section 8.01 hereof paragraph (a) of the option applicable to this Section 8.03paragraph (b), the Issuer Company and the Guarantors each Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, be released from their respective obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.074.05, 4.08, 4.094.09 and 4.10 through 4.24, 4.10 inclusive, and 4.11 hereof and clause (3) of Section 5.01(a) hereof Article 5 with respect to the outstanding Notes and the Guarantees on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”"), and the Notes and the Guarantees shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes and Holders and any amounts deposited under Section 9.04 shall not cease to be deemed outstanding for accounting purposes)subject to any obligations to the rights of, any holder of Senior Indebtedness under Article 11 or 12 or otherwise. For this purpose, such Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Company and the Guarantors each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of or Default under Section 6.01 hereof6.01(c), but, except as specified abovein this Section 9.03, the remainder of this Indenture and Indenture, such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Company's exercise under Section 8.01 hereof paragraph (a) of the option applicable to this Section 8.03 hereofparagraph (b), subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(d) and 6.01(86.01(e) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers, the Parent Guarantor and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.033.09, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.18, 5.01(d) and 4.11 5.01(e) hereof and clause (3) of any covenant included in the other Note Documents or added to the Indenture or other Note Documents subsequent to the Issue Date pursuant to Section 5.01(a) 9.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Notes, the Issuers, the Parent Guarantor and the Guarantees, the Issuer and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this the Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasancethrough 6.01(f), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSection 6.01(i) and 6.01(8Section 6.01(j) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the Base Indenture of the option applicable to this Section 8.038.01, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereofof the Base Indenture, be released from their obligations under the covenants contained in Sections 4.03, 4.044.04 and 5.01 of the Base Indenture, 4.06each as amended by Sections 4.03, 4.074.04 and 5.01 hereof, 4.08respectively, 4.09and in Sections 4.01(a), 4.10 4.01(b), 4.01(c), 4.01(d), 4.01(e) and 4.11 4.01(f) hereof and clause the operation of clauses (3), (4), (5), (6) and (7) of Section 5.01(a) 6.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof of the Base Indenture are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes); provided, however, that no covenant defeasance pursuant to this Section 8.01 shall release the Issuers from their obligations under the Trust Indenture Act, including, without limitation, their obligations under Section 314 of the Trust Indenture Act. For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this the Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the Base Indenture of the option applicable to this Section 8.03 8.01 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereofof the Base Indenture, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to a Significant Subsidiary of the Issuer’s Restricted Subsidiaries), 6.01(7) (solely Issuers but not with respect to the Issuer’s Restricted SubsidiariesIssuers) and 6.01(86.01(7) hereof shall not constitute Events of Default. Notwithstanding any discharge or release of any obligations pursuant to Section 8.02 or 8.03 of the Indenture, the Issuers’ obligations in Sections 2.01, 2.02, 2.03, 2.04, 7.07, 8.06 and 8.07 of the Indenture shall survive until the Notes are no longer outstanding pursuant to the last paragraph of Section 2.04 of the Indenture. After the Notes are no longer outstanding, the Issuers’ obligations in Sections 7.07, 8.06 and 8.07 of the Indenture shall survive.

Covenant Defeasance. Upon the Issuer’s exercise by the Issuers and any Parent Guarantor under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors any Parent Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Article 5 and Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.16, 4.17 and 4.11 hereof and clause (3) of Section 5.01(a) hereof 4.19 with respect to the outstanding Notes and any Note Guarantee on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall may not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guaranteesany Note Guarantee, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), through 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default. In addition, upon Covenant Defeasance, any Note Guarantee will be released.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.094.10, 4.10 4.11, 4.12 and 4.11 4.13 hereof and clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes 10.04 hereof, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, that the Issuer and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified abovein this Section 8.03, the remainder of this Indenture and such the Notes and the Subsidiary Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6through 6.01(a)(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7inclusive and Section 6.01(a)(9) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall will not constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.038.3, with respect to either Series of Notes, the Issuer and the Guarantors each Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be released from their the obligations thereof under the covenants contained in Sections 4.034.2, 4.044.3, 4.064.6, 4.074.7, 4.084.8, 4.094.10, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) 5.1 hereof with respect to the outstanding Notes of such Series on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasancecovenant defeasance”), and the Notes of such Series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance covenant defeasance means that, with respect to the outstanding Notes and of the Guaranteesapplicable Series, the Issuer and the Guarantors or any of its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.1 hereof with respect to such Series of Notes, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.03 hereof8.3 with respect to such Series of Notes, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.1(3), 6.01(4(4), 6.01(5(5), 6.01(6(6) or (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(87) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.03, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof, be released from each of their obligations under the covenants contained in Sections 4.034.09 (“Liens”), 4.044.12 (“Business Activities”), 4.064.13 (“Additional Note Guarantees”), 4.074.14 (“Designation of Restricted and Unrestricted Subsidiaries”), 4.084.15 (“Payments for Consent”), 4.094.16 (“Reports”), 4.10 4.17 (“Offer to Repurchase Upon Change of Control”), 4.18 (“Asset Sales”), 4.19 (“Impairment of Security Interest”), 4.20 (“Withholding Taxes”) and 4.11 hereof 4.24 (“No Layering of Debt”) and clause (3) of Section 5.01(a) Article 12 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes)hereunder. For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 (“Events of Default”) hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.03 hereof(“Covenant Defeasance”), subject to the satisfaction of the conditions set forth in Section 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), through 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7and Section 6.01(8) through 6.01(10) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8“Events of Default”) hereof shall will not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, Holdings, the Issuer Restricted Parent and the Guarantors their Restricted Subsidiaries shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from each of their obligations under the covenants contained in Sections 4.03, 4.044.04(a), 4.05, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof 5.01 with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, Holdings, the Issuer Restricted Parent and the Guarantors their Restricted Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect through 6.01(7) and, to the covenants that are released upon extent relating to a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to Significant Subsidiary of the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSections 6.01(8) and 6.01(86.01(9) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03(a) Section 4.09 through Section 4.18 hereof, 4.04(b) Section 5.01(a)(iii) and (iv) and Section 5.01(b) hereof, 4.06and (c) clause (iv), 4.07(v), 4.08(vii), 4.09(viii) or (xi), 4.10 and 4.11 hereof solely with respect to Significant Subsidiaries, clauses (ix) or (x), and clause (3vi) (to the extent it relates to covenants that have become inapplicable as a result of this Section 8.03) of Section 5.01(a) hereof 6.01 hereof, in each case with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), ) and each Subsidiary Guarantor shall be released from all of its obligations under its Subsidiary Guarantee in connection with such outstanding Notes and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes and Subsidiary Guarantees shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon If the Issuer’s exercise Issuer exercises under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3payment of the Notes may not be accelerated because of an Event of Default specified in clause (iv) or (v), in clause (vi) (solely with respect to the covenants that are released upon a Covenant Defeasancecontained in Section 4.09 through Section 4.18 hereof), 6.01(4(vii), 6.01(5(viii), 6.01(6(ix) or (x) (solely with respect only to Significant Subsidiaries in the case of clauses (ix) and (x)) or clause (xi) of Section 6.01 hereof or because of the Issuer’s Restricted Subsidiaries), 6.01(7) failure to comply with clauses (solely with respect to the Issuer’s Restricted Subsidiariesa)(iii) and 6.01(8(iv) hereof shall not constitute Events and clause (b) of DefaultSection 5.01.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their respective obligations under the covenants contained in Sections 3.09, 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 (as it relates to any Restricted Subsidiary of the Issuer), 4.15, 4.16 and 4.11 4.17 hereof and clause (34) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”)) and have the Liens, if any, on the Collateral securing the Notes released, and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(c), 6.01(4(d), 6.01(5(e), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiariesf), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesg) and 6.01(8(j) hereof shall will not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Co-Obligors’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Co-Obligors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.19, 4.20 and 4.11 hereof and clause (3) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Co-Obligors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Co-Obligors’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) through (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6) and 6.01(8(9) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants (each, a “Defeased Covenant, and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, and 4.11 4.15 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Series A Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Series A Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Series A Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesSeries A Notes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Series A Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasanceany Significant Party), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesany Significant Party) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, each of the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.044.04 and 4.06 through 4.17 hereof, 4.06clauses (ii), 4.07, 4.08, 4.09, 4.10 (iii) and 4.11 hereof and clause (3iv) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that (unless the Company shall otherwise determine) such Notes shall not be deemed outstanding for accounting purposes). As set forth in Section 10.04(a)(iv) hereof, the Note Guarantee of each Guarantor automatically shall be released upon a Covenant Defeasance. For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) through (f) and Sections 6.01(g) and (h) (in each case solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Guarantors and Significant Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.034.05, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.07 through 4.12 and 4.11 4.14 through 4.19 hereof and clause Section 5.01(a)(iv) and (3) of Section 5.01(ab) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“"Covenant Defeasance”"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer and the Guarantors Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(iii), 6.01(iv), 6.01(v), 6.01(vi) (solely with respect to the covenants Restricted Subsidiaries that are released upon a Covenant DefeasanceSignificant Subsidiaries), 6.01(4), 6.01(5), 6.01(66.01(vii) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries that are Significant Subsidiaries) and 6.01(86.01(viii) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Sixteenth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon Subject to the Issuer’s exercise under Section 8.01 hereof compliance with this Article 8, the Company may, at the option of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction Board of the conditions Directors evidenced by a resolution set forth in Section 8.04 hereofan Officers’ Certificate, be and at any time, elect to have the obligations of the Company and the Subsidiary Guarantors released from their obligations under the covenants contained in with respect to Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 hereof 4.15 (such release and clause (3) of Section 5.01(a) hereof with respect termination being referred to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (as “Covenant Defeasance”), the Subsidiary Guarantee respecting such Notes shall be discharged, and the Notes of such series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP), and thereafter any omission to comply with such obligations or provisions shall not constitute a Default or Event of Default with respect to the Notes. In the event Covenant Defeasance occurs in accordance with this Indenture, the Events of Default described under clauses (ii) through (viii) in Section 6.01(a) and the Event of Default described under clauses (xi) and (xii) of Section 6.01(a) (but only with respect to Subsidiaries of the Company), in each case, shall no longer constitute an Event of Default with respect to the Notes. In addition, upon the occurrence of Covenant Defeasance all obligations of the Subsidiary Guarantors with respect to their Subsidiary Guarantees shall be discharged. For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Company and the Guarantees, the Issuer and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereofDefault, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03ARTICLE 4 (other than those in Section 4.01, 4.04Section 4.02 and Section 4.06 and, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof solely with respect to the outstanding Notes Issuers, Section 4.14) and in clause (d) of Section 5.01 hereof on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”)) and any covenants contained in the other Note Documents, and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Issuers and the Guarantors any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSection 6.01(d) and 6.01(8Sections 6.01(g) through Section 6.01(i) hereof shall not constitute Events of Default. If the Issuers exercise their Covenant Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee and any covenants contained in the other Note Documents applicable to the Company and the Guarantors, and the Collateral and any other security for the Notes (other than the trust) will be released.

Covenant Defeasance. Upon the Issuer’s Authority's exercise under Section 8.01 12.01 hereof of the option applicable to this Section 8.0312.03, the Issuer and the Guarantors Authority shall, subject to the satisfaction of the conditions set forth in Section 8.04 12.04 hereof, be released from their obligations under the covenants contained in Sections 4.035.03, 4.045.07, 4.065.08, 4.075.09, 4.085.10, 4.095.11, 4.10 5.13, 5.16, 5.18 and 4.11 hereof 7.01 and clause (3) of Section 5.01(a) Article IX hereof with respect to the outstanding Subordinated Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”"), and the Subordinated Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Subordinated Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesSubordinated Notes, the Issuer and the Guarantors Authority may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 7.01 hereof, but, except as specified above, the remainder of this Indenture Agreement and such Subordinated Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Authority's exercise under Section 8.01 12.01 hereof of the option applicable to this Section 8.03 12.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 12.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Section 7.01(c) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and each of the Guarantors shallwill, with respect to Notes of any Series and subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.05 and 4.11 hereof and clause (3) of Section 5.01(a) 4.06 hereof with respect to the outstanding Notes of such Series on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall of such Series will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes of a Series and the related Note Guarantees, the Issuer and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) through 6.01(9) (solely with respect to in the covenants that are released upon a Covenant Defeasancecase of Sections 6.01(7) and 6.01(8), 6.01(4), 6.01(5), 6.01(6) (solely only with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Section 6.01(10) hereof shall will not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, with respect to the Notes, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 3.08, 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, Section 4.18, Section 4.19 and 4.11 hereof Section 4.20 hereof, clauses (ii) and clause (3iii) of Section 5.01(a), and Section 5.01(e) and Section 5.01(f) hereof with respect to the all outstanding Notes and the related Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the such Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the all outstanding Notes and the related Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees of the Notes shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3Section 6.01(a)(iii) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(46.01(a)(iv), 6.01(56.01(a)(v), 6.01(66.01(a)(vi) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries subject thereto), 6.01(76.01(a)(vii) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries subject thereto), 6.01(a)(viii), 6.01(a)(ix) and 6.01(86.01(a)(x) hereof shall not constitute Default or Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.15, 4.16, 4.17, and 4.11 hereof and clause (3) of Section 5.01(a) 4.18 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and through 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Article 4 (other those in Sections 4.034.01, 4.044.02, 4.064.06 and 4.14), 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause in clauses (3), (4) and (5) of Section 5.01(a) hereof 5.01, in Article 10, in Article 11 and Article 12 with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Subsidiary Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Subsidiary Guarantees shall be unaffected thereby. In addition, upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3clauses (6) through (solely with respect to 8) and clause (11) of the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof first paragraph of Section 6.01 shall not constitute Events of Default. In addition, the Subsidiary Guarantees will be terminated and released and the Guarantors discharged with respect to their Subsidiary Guarantees, the Indenture, the Collateral Documents and the Intercreditor Agreement, and the Collateral will be released from the Liens securing the Notes upon the Covenant Defeasance.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Ninth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Eighteenth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 3.08, 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 hereof 4.15 hereof, and clause clauses (3iv) and (v) of Section 5.01(a), and Section 5.01(f) hereof with respect to the all outstanding Notes and the related Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the such Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the all outstanding Notes and the related Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3Section 6.01 (a)(iii) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(46.01(a)(iv), 6.01(56.01(a)(v), 6.01(66.01(a)(vi) (solely with respect to Restricted Subsidiaries (other than the Co-Issuer’s Restricted Subsidiaries) subject thereto), 6.01(76.01(a)(vii) (solely with respect to Restricted Subsidiaries (other than the Issuer’s Restricted SubsidiariesCo-Isssuer) subject thereto) and 6.01(86.0 l(a)(viii) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.08 and 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) through 4.13 hereof with respect to the outstanding Notes and the Noteholder Collateral Platform Guarantees with respect to the Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference ref- erence elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default De- fault or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(d), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(e) and 6.01(86.01(h) hereof shall not constitute consti- tute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.038.04 with respect to any series of Notes, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be released from their obligations under the covenants with respect to that series of Notes (each, a “Defeased Covenant”, and collectively, the “Defeased Covenants”) contained in Sections 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 4.15 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 8.05 hereof are satisfied (“Covenant Defeasance”), and the Notes of that series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) of Notes of that series in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guaranteesof that series, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 6.01(a) hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.03 hereof8.04 hereof with respect to any series of Notes, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, Sections 6.01(3Section 6.01(a)(5) and (6) (solely with respect to the covenants that are released upon a Covenant Defeasanceforegoing section of Article IV only), 6.01(46.01(a)(7), 6.01(56.01(a)(8), 6.01(66.01(a)(9) and (10) (solely with respect to Significant Subsidiaries of the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Issuers only) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants (each, a “Defeased Covenant,” and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 4.15 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasanceany Significant Party), 6.01(4), 6.01(5), 6.01(66.01(a)(7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesany Significant Party) and 6.01(86.01(a)(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Sixth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under ------------------- Section 8.01 hereof 1201 of the option applicable to this Section 8.031203, (a) the Issuer Issuers and ------------ ------------ the Note Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be released from their respective obligations under the covenants any covenant or provision contained in Section 405 and Sections 4.03407 through 415 ----------- ------------ --- and the provisions of clauses (iii), 4.04(iv) and (v) of Section 501 shall not ----------- apply, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and (b) the occurrence of any event specified in clause (3) (with respect to clauses (iii), (iv) and (v) of Section 5.01(a501), (4) hereof through (6) (with respect to ----------- Section 405, Sections 407 through 415, inclusive, and any such covenants ----------- ------------------------ provided pursuant to Section 901(5)), inclusive, (7), (8) or (9) (with respect -------------- to Subsidiaries), or (10) of Section 601 shall be deemed not to be or result in ----------- an Event of Default, in each case with respect to the outstanding Defeased Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”"), and the Notes shall thereafter be deemed not “outstanding” to be ------------------- "Outstanding" for the purposes of any direction, waiver, consent or declaration or act Act of Holders (and the consequences of any thereof) in connection with such covenantscovenants or provisions, but shall continue to be deemed “outstanding” "Outstanding" for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes)hereunder. For this purpose, such Covenant Defeasance means that, with respect to the outstanding Notes Outstanding Notes, the Company, the Issuers and the Guarantees, the Issuer and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant or provision, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or provision or by reason of any reference in any such covenant or provision to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof601, but, except as specified above, the remainder of ----------- this Indenture and such Outstanding Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.14, 4.15, 4.17 and 4.11 hereof and clause (3Section 5.01(a)(4) of Section 5.01(a) hereof with respect to the outstanding Notes Notes, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to this Indenture and the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture Indenture, and such Notes and the Notes Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3the operation of Section 6.01(a)(3), Section 6.01(a)(4), Section 6.01(a)(5) (solely with respect to the covenants Restricted Subsidiaries that are released upon Significant Subsidiaries or a Covenant Defeasancegroup of Restricted Subsidiaries that, taken together as of the date of the most recent audited financial statements of Parent and the Restricted Subsidiaries, would constitute a Significant Subsidiary), 6.01(4), 6.01(5), 6.01(6Section 6.01(a)(6) (solely with respect to Restricted Subsidiaries that are Significant Subsidiaries or a group of Restricted Subsidiaries that, taken together as of the Issuer’s date of the most recent audited financial statements of Parent and the Restricted Subsidiaries, would constitute a Significant Subsidiary), 6.01(7Section 6.01(a)(7) (solely with respect to Restricted Subsidiaries that are Significant Subsidiaries or a group of Restricted Subsidiaries that, taken together as of the Issuer’s date of the most recent audited financial statements of Parent and the Restricted Subsidiaries, would constitute a Significant Subsidiary) and 6.01(8) hereof Section 6.01(a)(8), shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Mortgage Note Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.18, 4.19, 4.20, 4.21, 4.22, 4.23, 4.25, 4.26, 4.27, 4.28 and 4.11 hereof 4.29 and clause (3) of Section 5.01(a) Articles 5, 10 and 11 hereof with respect to the outstanding Mortgage Notes and Mortgage Note Guaranties on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (“hereinafter, "Covenant Defeasance”"), and the Mortgage Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Mortgage Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Mortgage Notes, the Issuers and the Guarantees, the Issuer and the Mortgage Note Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Mortgage Notes and the Guarantees Mortgage Note Guaranties shall be unaffected thereby. In addition, upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiariesthrough 6.01(g) and 6.01(86.01(k) through 6.01(m) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Fourth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable (a) The Company may elect, at its option, to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be have its obligations released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth covenants described in Section 8.04 hereof are satisfied 4.11, Section 4.12, Section 4.13, Section 4.14, Section 4.15, Section 4.17, Section 4.18, Section 4.19, Section 4.20, Section 4.21, Section 4.22, Section 4.23, Section 4.24, Section 4.25, Section 4.26, Section 4.27, Section 4.28 and Section 4.29 (“Covenant Defeasance”), ) and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer and the Guarantors may omit omission to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply obligation shall not constitute a Default or an Event of Default under with respect to the Notes. In the event Covenant Defeasance occurs, certain events described in Section 6.01 hereof6.01(f), but(m), except as specified above(n), (o) (p), (q) and (r) will no longer constitute an Event of Default with respect to the remainder of this Indenture and such Notes and the Guarantees shall be unaffected therebyNotes. In addition, if the Company exercises Covenant Defeasance, each Subsidiary Guarantor will be released from all of its obligations with respect to its applicable guarantee and the Collateral Agent’s Liens upon the Issuer’s Collateral will be released and will no longer secure the Notes and Guarantees outstanding under this Indenture or any other Obligations. (b) To exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely Covenant Defeasance with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6Notes: (i) the aggregate principal amount of Notes outstanding represents less than 25% of the aggregate principal amount of Notes originally issued under this Indenture; (solely ii) no Default or Event of Default with respect to the Issuer’s Restricted Subsidiariesoutstanding Notes shall have occurred and be continuing; (iii) such Covenant Defeasance shall not cause the Trustee to have a conflicting interest within the meaning of the Trust Indenture Act of 1939, as amended (assuming all Notes are in default within the meaning of such act); (iv) the Company shall have delivered to the Trustee an Officers’ Certificate and an Opinion of Counsel, 6.01(7) (solely each stating that all conditions precedent with respect to such Covenant Defeasance have been complied with; and (v) delivery to the Issuer’s Restricted Subsidiaries) Trustee of an opinion of counsel to the effect that beneficial owners of the Notes outstanding at the time of Covenant Defeasance will not recognize income, gain or loss for U.S. federal income tax purposes solely as a result of such Covenant Defeasance and 6.01(8) hereof shall will be subject to U.S. federal income tax on the same amount and in the same manner and at the same times as would have been the case if such Covenant Defeasance had not constitute Events occurred; provided, that for the avoidance of Defaultdoubt, such opinion will not address the tax impacts of the repayment of the Notes that permits such Covenant Defeasance.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14 and 4.11 4.15 hereof and clause clauses (3iv) and (v) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(46.01(a)(iv), 6.01(56.01(a)(v), 6.01(66.01(a)(vi), 6.01(a)(vii) (solely with respect to the Issuer’s Restricted Significant Subsidiaries), 6.01(7) and 6.01(a)(viii) (solely with respect to the Issuer’s Restricted Significant Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.038.3, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be released from their obligations under the covenants contained in Sections 4.033.2 through 3.13, 4.043.15 (other than with respect to the Company's corporate existence), 4.063.16, 4.073.17 and 3.21, 4.08, 4.09, 4.10 and 4.11 hereof and the operation of clause (34) of Section 5.01(a) hereof 4.1 hereof, with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.4 are satisfied (“hereinafter, "Covenant Defeasance”), ") and each Guarantor shall be released from all of its obligations under its Note Guarantee with respect to such covenants in connection with such outstanding Notes and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.1, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon If the Issuer’s Issuers exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.03 hereof8.3, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, Sections 6.01(3payment of the Notes may not be accelerated because of an Event of Default specified in clauses (3), (4) (solely with respect to Sections 3.2 through 3.13, 3.15 (other than with respect to the covenants that are released upon a Covenant DefeasanceCompany's corporate existence), 6.01(43.16, and 3.17 and clause (4) of Section 4.1), 6.01(5(5), 6.01(6(6) and (solely 8) of such Section 6.1 (but in the case of clause (8) of Section 6.1, with respect to the Issuer’s Restricted SubsidiariesSignificant Subsidiaries only), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Article 4 (other than those in Sections 4.034.01, 4.044.02 and, 4.064.06 and, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof solely with respect to the outstanding Notes Issuers, 4.14) and in clause (d) of Section 5.01 hereof on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer Issuers and the Guarantors any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSection 6.01(d) and 6.01(8Sections 6.01(f) through 6.01(h) hereof shall not constitute Events of Default. If the Issuers exercise their Covenant Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee and any security for the Notes (other than the trust) will be released.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.15, 4.16, 4.17, 4.18, 4.19 and 4.11 hereof 4.20 and clause (3) of Section 5.01(a) hereof 5.01 with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Subsidiary Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Subsidiary Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect through 6.01(7) and, to the covenants that are released upon extent relating to a Covenant Defeasance)Significant Subsidiary, 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(8) and 6.01(86.01(9) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.03SECTION 8.3, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, be released from their its obligations under the covenants contained in Sections 4.034.3, 4.044.4, 4.064.7, 4.074.8, 4.084.9, 4.094.10, 4.10 4.11, 4.12, 4.13, 4.14, 4.16, 4.17, 4.18 and 4.11 hereof and clause (3) of Section 5.01(a) 5.1 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasancecovenant defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance covenant defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors or any of its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 SECTION 6.1 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.03 hereofSECTION 8.3, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8SECTION 6.1(4) hereof shall not constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.038.04, (i) the Issuer Co-Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, be released from each of their obligations under the covenants contained in Sections 4.034.03 (other than with respect to the legal existence of the Co-Issuers), 4.04, 4.06, 4.07, 4.084.09 through 4.19, 4.09, 4.10 4.21 and 4.11 hereof Section 5.01 (except for the covenants contained in clauses (a)(1) and clause (3a)(2) of Section 5.01(athereof) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.05 are satisfied (hereinafter, “Covenant Defeasance”), (ii) the Co-Issuers and the Guarantors may cause the release of the Note Guarantees and of any Liens securing the Notes or the Guarantees, and (iii) the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Co-Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply comply, and any release of the Note Guarantees or of Liens securing the Notes or the Note Guarantees, shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.03 hereof8.04, subject to the satisfaction of the conditions set forth in this Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6through 6.01(10) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof Each of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 6.05 hereof, be released from their obligations under the covenants contained in Sections 4.03the Original Indenture and this Supplemental Indenture, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date that the conditions set forth in Section 8.04 hereof 6.05 are satisfied with respect to the Notes (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” outstanding for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 4.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject Subject to the satisfaction of the conditions set forth in Section 8.04 6.05 hereof, Sections 6.01(34.01(a)(iv) (solely with respect to the covenants that are released upon a Covenant Defeasanceso defeased), 6.01(44.01(a)(v), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries4.01(a)(vi) and 6.01(84.01(a)(vii) hereof shall not constitute Events of DefaultDefault or defaults hereunder.

Covenant Defeasance. Upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.038.04, (i) the Issuer Co-Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, be released from each of their obligations under the covenants contained in Sections 4.034.03 (other than with respect to the legal existence of the Co-Issuers), 4.04, 4.064.09 through 4.19, 4.07, 4.08, 4.09, 4.10 4.21 and 4.11 hereof 5.01 (except for the covenants contained in clauses (a)(1) and clause (3a)(2) of Section 5.01(athereof) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.05 are satisfied (hereinafter, “Covenant Defeasance”), (ii) the Co-Issuers and the Guarantors may cause the release of the Note Guarantees and of any Liens securing the Notes or the Guarantees, and (iii) the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer Co-Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply comply, and any release of the Note Guarantees or of Liens securing the Notes or the Note Guarantees, shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Co-Issuers’ exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.03 hereof8.04, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and through 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, 4.17, 4.18, 4.19 and 4.11 4.20 hereof and clause (34) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes (including the Note Guarantees) and pursuant to Section 10.03 hereof, the Collateral Trustee's Liens upon the Collateral in respect of the Notes shall be terminated and discharged, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“hereinafter, "Covenant Defeasance”"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant (or such Note Guarantee), whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8through 6.01(e) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Tenth Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 hereof and clause (3) of Section 5.01(a), Sections 5.01(b) and 5.01(c) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Seventh Supplemental Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(a)(3), 6.01(46.01(a)(5), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(a)(6) and 6.01(86.01(a)(7) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants covenants, and have all Liens on the Collateral released (each, a “Defeased Covenant,” and collectively, the “Defeased Covenants”) contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.14, 4.15 and 4.11 4.18 hereof and clause clauses (34) and (5) of Section 5.01(a), Sections 5.01(c) and 5.01(d) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenantsDefeased Covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantDefeased Covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Defeased Covenant or by reason of any reference in any such covenant Defeased Covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(a)(3), 6.01(a)(4), 6.01(a)(5), 6.01(a)(6) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6any Significant Party) and 6.01(a)(7) hereof (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7any Significant Party) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers, the Parent Guarantor and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, 4.17, 4.18, 5.01(d) and 4.11 5.01(e) hereof and clause (3) of any covenant included in the other Note Documents or added to the Indenture or other Note Documents subsequent to the Effective Date pursuant to Section 5.01(a) 9.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposespurposes to the extent permitted by GAAP). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes Notes, the Issuers, the Parent Guarantor and the Guarantees, the Issuer and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this the Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) (solely with respect to the covenants that are released upon a Covenant Defeasancethrough 6.01(f), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted SubsidiariesSection 6.01(i) and 6.01(8Section 6.01(j) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from each of their obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.12, 4.16 and 4.11 hereof 4.17 and clause clauses (3), (4) and (5) of Section 5.01(a) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall will thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall will not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Note Guarantees, the Issuer and the Guarantors may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall will not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Note Guarantees shall will be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance6.01(c), 6.01(46.01 (d), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries6.01(g) and 6.01(86.01(h) hereof shall will not constitute Events of Default.” (t) The Indenture shall be amended to restate in its entirety the first paragraph of Section 9.02 as follows:

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be released from their obligations under the covenants contained in Sections 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.09 and 4.10 and 4.11 hereof and clause clauses (3) and (4) of Section 5.01(a), Sections 5.01(b)(3) hereof and 5.01(d) with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the such Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors or any Guarantor, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such the Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, Sections 6.01(36.01(a)(3), (4), (5), (6) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6Holdings and Significant Subsidiaries) and (7) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Holdings and Significant Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.03SECTION 8.3, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, be released from their its obligations under the covenants contained in Sections 4.03SECTIONS 4.3, 4.044.4, 4.064.7, 4.074.8, 4.084.9, 4.094.10, 4.10 4.11, 4.12, 4.13, 4.15, 4.16, and 4.11 hereof and clause (3) of Section 5.01(a5.1(iii) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasancecovenant defeasance”), and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance covenant defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors or any of its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 SECTION 6.1 hereof, but, except as Exhibit 4.1 specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.03 hereofSECTION 8.3, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, Sections 6.01(3SECTION 6.1 (4) (solely with respect to the covenants that are released upon a Covenant Defeasancebeing released), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries5) and 6.01(8(6) hereof shall not constitute Events an Event of Default.

Covenant Defeasance. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer Issuers and the Guarantors shall, with respect to the Notes of either Series, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their obligations under the covenants contained in Sections 3.08, 4.03, 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.18, 4.19 and 4.11 hereof 4.20 hereof, clauses (ii) and clause (3iii) of Section 5.01(a), and Sections 5.01(e) and 5.01(f) hereof with respect to the all outstanding Notes of such Series and the related Guarantees, on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”), and the such Notes of such Series shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the all outstanding Notes of an applicable Series and the related Guarantees, the Issuer Issuers and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes of such Series and the Guarantees of such Series of Notes shall be unaffected thereby. In addition, upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3Section 6.01(a)(iii) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(46.01(a)(iv), 6.01(56.01(a)(v), 6.01(66.01(a)(vi) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries subject thereto), 6.01(76.01(a)(vii) (solely with respect to the Issuer’s Restricted SubsidiariesSubsidiaries subject thereto), 6.01(a)(viii), 6.01(a)(ix) and 6.01(86.01(a)(x) hereof shall not constitute Default or Events of Default.

Covenant Defeasance. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03, 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, 4.17 and 4.11 4.18 hereof and clause (34) of Section 5.01(a) 5.01 hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (“Covenant Defeasance”hereinafter, "COVENANT DEFEASANCE"), and the Notes shall thereafter be deemed not “"outstanding” " for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"outstanding” " for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(36.01(c) through 6.01(f), 6.01(g) (solely with respect to Significant Subsidiaries of any of the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6Issuers only) and 6.01(h) (solely with respect to Significant Subsidiaries of any of the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8Issuers only) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject Subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, upon the Issuer’s exercise under Section 8.02 of the option applicable to this Section 8.04, (i) the Issuer and each of the Guarantors shall be released from each of their obligations under the covenants contained in Sections 4.034.03 (other than with respect to the legal existence of the Issuer), 4.04, 4.064.05, 4.07, 4.08, 4.09, 4.10 4.09 through 4.27 and 4.11 hereof and 5.01 (except for the covenants contained in clause (3a)(1) of Section 5.01(athereof) hereof with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof 8.05 are satisfied (hereinafter, “Covenant Defeasance”), (ii) the Issuer and the Guarantors may without condition cause the release of any Guarantees and of any Liens securing the Notes or the Guarantees, and (iii) the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the Guarantees, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply comply, and any release of the Guarantees or of Liens securing the Notes or the Guarantees, shall not constitute a Default or an Event of Default under Section 6.01 hereof6.01, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.03 hereof8.04, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and through 6.01(8) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from their its obligations under the covenants contained in Sections 4.03(a) Section 4.09 through Section 4.18 hereof, 4.04(b) Section 5.01(a)(iii) and (iv) and Section 5.01(c) hereof, 4.06, 4.07, 4.08, 4.09, 4.10 and 4.11 (c) Article 12 hereof and clause (3d) clauses (iv), (v), (vi) (to the extent it relates to covenants that have become inapplicable as a result of this Section 5.01(a8.03), (vii), (viii), (ix) hereof (solely with respect to Significant Subsidiaries or a group of Significant Subsidiaries), (x) (solely with respect to Significant Subsidiaries or a group of Significant Subsidiaries) or (xii) of Section 6.01 hereof, in each case with respect to the outstanding Notes on and after the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Covenant Defeasance”), each Subsidiary Guarantor shall be released from all of its obligations under its Subsidiary Guarantee in connection with such outstanding Notes and all Liens securing the Notes shall be released, and the Notes shall thereafter be deemed not “outstanding” for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “outstanding” for all other purposes hereunder (it being understood that such Notes and Subsidiary Guarantees shall not be deemed outstanding for accounting purposes). For this purpose, Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesNotes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof, but, except as specified above, the remainder of this Indenture and such Notes and the Guarantees shall be unaffected thereby. In addition, upon If the Issuer’s exercise Issuer exercises under Section 8.01 hereof of the option applicable to this Section 8.03 hereof8.03, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3payment of the Notes may not be accelerated because of an Event of Default specified in clauses (iv), (v), (vi) (to the extent it relates to covenants that have become inapplicable as a result of this Section 8.03), (vii), (viii), (ix) (solely with respect to the covenants that are released upon Significant Subsidiaries or a Covenant Defeasancegroup of Significant Subsidiaries), 6.01(4), 6.01(5), 6.01(6(x) (solely with respect to the Issuer’s Restricted Significant Subsidiaries or a group of Significant Subsidiaries), 6.01(7) or (xi) (solely with respect to Significant Subsidiaries or a group of Significant Subsidiaries) of Section 6.01, or because of the Issuer’s Restricted Subsidiariesfailure to comply with clauses (a)(iii) and 6.01(8(iv) hereof shall not constitute Events and clause (b) of DefaultSection 5.01.

Covenant Defeasance. Upon the Issuer’s exercise under Section 8.01 hereof 1201 of the option applicable to this Section 8.031203, (a) the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be released from their respective obligations under the covenants any covenant or provision contained in Section 405 and Sections 4.03407 through 415 and the provisions of clauses (iii), 4.04, 4.06, 4.07, 4.08, 4.09, 4.10 (iv) and 4.11 hereof and clause (3v) of Section 5.01(a50l(a) hereof shall not apply, and (b) the occurrence of any event specified in clause (iv), (v) (with respect to Section 405 and Sections 407 through 415, inclusive), (vi), (vii), (viii) (with respect to Subsidiaries), (ix) (with respect to Subsidiaries), (x) or (xi) of Section 601 shall be deemed not to be or result in an Event of Default, in each case with respect to the outstanding Defeased Notes on and after the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Covenant Defeasance”), and the Notes shall thereafter be deemed not to be “outstandingOutstanding” for the purposes of any direction, waiver, consent or declaration or act Act of Holders (and the consequences of any thereof) in connection with such covenantscovenants or provisions, but shall continue to be deemed “outstandingOutstanding” for all other purposes hereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes)hereunder. For this purpose, such Covenant Defeasance means that, with respect to the outstanding Notes and the GuaranteesOutstanding Notes, the Issuer and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant or provision, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or provision or by reason of any reference in any such covenant or provision to any other provision herein or in any other document, document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01 hereof601, but, except as specified above, the remainder of this Indenture and such Outstanding Notes and the Guarantees shall be unaffected thereby. In addition, upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(3) (solely with respect to the covenants that are released upon a Covenant Defeasance), 6.01(4), 6.01(5), 6.01(6) (solely with respect to the Issuer’s Restricted Subsidiaries), 6.01(7) (solely with respect to the Issuer’s Restricted Subsidiaries) and 6.01(8) hereof shall not constitute Events of Default.