Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may be, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 7 contracts
Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust
Covenant Defeasance. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 7.1, 9.4 and 1005 9.5, and, if specified pursuant to Section 3013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 7.1, 9.4 and 1005 9.5, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(95.1(6) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Aol Time Warner Inc), Indenture (Amr Corp), Indenture (America Online Inc)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 801 and 1005 802 and Sections 1006 through 1010, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9Section 501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Boston Scientific Corp), Indenture (BSC Capital Trust Iii), Indenture (BSC Capital Trust Iii)
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 801 and 1005 802 and Sections 1006 and 1007, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9Section 501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc), Lifevantage Corp
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Capstone Turbine Corp), Indenture (Capstone Turbine Corp), Indenture (JDN Realty Corp)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 5 contracts
Samples: Reconciliation And (Provident Companies Inc /De/), Reconciliation And (Provident Companies Inc /De/), Provident Companies Inc /De/
Covenant Defeasance. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 7.1, 9.4 (other than the Company’s obligation to maintain its corporate existence), 9.5, 9.6, 9.7, 9.8, 9.9 and 1005 9.10 and, if specified pursuant to Section 3013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 7.1, 9.4 (other than the Company’s obligation to maintain its corporate existence), 9.5, 9.6, 9.7, 9.8, 9.9 and 1005 or 9.10 and any such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(95.1(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 5 contracts
Samples: Supplemental Indenture (Cadiz Inc), Indenture (Fidelity National Information Services, Inc.), Indenture (Fidelity National Information Services, Inc.)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 10.04 to 10.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 10.04 to 10.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.01(4) or 501(95.01(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Beazer Homes Usa Inc), Indenture (Lexington Corporate Properties Trust), Chartermac
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1010, inclusive and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1010, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(3) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty L P), Carramerica Realty Corp
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1020, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(9(f) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Uag Connecticut I LLC, Atlantic Auto Funding Corp, Uag Mentor Acquisition LLC
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 andreleased, if specified pursuant to Section 301, from its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or each such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Deere & Co), Indenture (Deere & Co), Indenture (Deere John Capital Corp)
Covenant Defeasance. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1020, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(9(f) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Sonic Automotive Inc), Sonic Automotive Inc, Indenture (Sonic Automotive Clearwater Inc)
Covenant Defeasance. Upon the Company's Issuers’ exercise of the above option provided in Section 13.1 applicable to this Section 13.3 with respect to any Securities of or within a seriesseries of Securities, as the Company case may be, (1) the Issuers and the Guarantor shall be released from its their obligations under any covenants provided pursuant to Sections 1004 3.1(o) or 9.1(b) for the benefit of the Holders of such Securities and 1005 and, if (2) the occurrence of any event specified in Section 5.1(c) (with respect to any such covenants provided pursuant to Section 3013.1(o) or 9.1(b) and 5.1(f)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1404 13.4 are satisfied (hereinafter, "covenant defeasance"hereinafter called “Covenant Defeasance”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company Issuers and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant(to the extent so specified in the case of Section 5.1(f)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Renee Avenue Health Holdings LLC), CareTrust REIT, Inc., Sabra Health (Sabra Mecosta LLC)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1009, inclusive and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Liberty Property Limited Partnership, Liberty Property Limited Partnership, Liberty Property Limited Partnership
Covenant Defeasance. Upon the Company's exercise under Section 1401 of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1006 and 1005 and1007, and if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9Section 501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp), Atmos Energy Corp
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections Section 1004 to 1010, inclusive and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1010, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Centerpoint Properties Corp, Centerpoint Properties Trust, Centerpoint Properties Trust
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1022, inclusive, and 1005 and, if specified pursuant to the provisions of clauses (iii) and (v) of Section 301, its obligations under any other covenant, 801(a) with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c) or 501(9) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Concentric Network Corp), Indenture (Concentric Network Corp), Indenture (Bell Technology Group LTD)
Covenant Defeasance. Upon the Company's exercise under Section 1401 of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1006 and 1005 and1007, and if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9Section 501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Oneok Inc /New/), Atmos Energy Corp, Atmos Energy Corp
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 803 and Sections 1004 and 1005 1006 through 1008 inclusive and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "OutstandingOUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(3) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Encana Corp), Encana Corp, Encana Corp
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 and 1005 to 1011, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(d) or 501(9501(h) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust), Crescent Real Estate Equities LTD Partnership
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 1004, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 1004, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(e) or 501(9501(h) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Teligent Inc, Teligent Inc
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 Section 9.1 and 1005 3.5 and, if specified pursuant to Section 3012.3, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons Coupons appertaining thereto shall thereafter be deemed to be not "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 Sections 1004 9.1 and 1005 3.5 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons Coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.1(1) or 501(9) (8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons Coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Scottish Annuity & Life Holdings LTD), Indenture (Scottish Annuity & Life Holdings LTD)
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 and 1005 1006 through 1008 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 1006 through 1008 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or any such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Novellus Systems Inc), SDL Inc
Covenant Defeasance. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 905 through Section 907, and, if specified pursuant to Section 301, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto related coupons, respectively, on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9Section 501(6) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 801 and 1005 802 and Sections 1005, 1006 and 1012, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or Section 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Holdings Inc)
Covenant Defeasance. Upon the Company's exercise of the above option set forth in Section 1401 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 801 and 1004 and 1005 and, if any other covenant specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to not be 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 Sections 1004 and 1005 or such other any applicable covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4clauses (4) or 501(9(7) of Subsection 501(a) or otherwiseotherwise except as specified in accordance with Section 301, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Teekay Shipping Corp), Indenture (Teekay Shipping Corp)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto Defeased Notes shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(iv), (vi) or 501(9(ix) or otherwiseunder clause (vii) of Section 5.01 (with respect only to Significant Subsidiaries) hereof, as the case may bebut, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Defeased Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Spincycle Inc, Spincycle Inc
Covenant Defeasance. Upon the Company's exercise under Section 4.01 hereof of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company shall be released from its obligations under any covenant or provisions contained in Article 10 hereof (other than Sections 1004 and 1005 and10.01 through 10.04 hereof), if specified pursuant to the provisions of clause (c) of Section 301, its obligations under any other covenant8.01 shall not apply, with respect to such Outstanding the Defeased Securities and of any coupons appertaining thereto series, on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and the Defeased Securities of such Securities and any coupons appertaining thereto series shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Defeased Securities of such Outstanding Securities and any coupons appertaining theretoseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(c) or 501(95.01(f) or otherwisehereof, as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto of such series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)
Covenant Defeasance. Upon the Company's exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company shall be released from its obligations under any covenant or provision contained in Sections 1004 10.06 through 10.22 (except Sections 10.09, the last sentence of 10.10, 10.13(b) and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant10.18) and the provisions of Articles Eight and Eleven shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(c) or 501(9) or otherwise(d), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Optel Inc), Optel Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 1006, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 1006, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 905 through 907, and, if specified pursuant to Section 301, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto related coupons, respectively, on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9Section 501(6) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Field Trip Health Ltd.), Fortuna Silver Mines Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1010, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1010, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: New Plan Realty Trust, New Plan Realty Trust
Covenant Defeasance. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Parent shall be released from its obligations under Sections 1004 10.09 and 1005 10.10, and, if specified pursuant to Section 3013.01, its the obligations under any other covenantcovenant so specified, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 10.09 and 1005 10.10, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company Parent may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.01(d) or 501(9Section 5.01(h) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Supplemental Indenture No. (Cooper Wiring Devices, Inc.), Indenture (Eaton Corp PLC)
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 10.06, and, if specified pursuant to Section 3013.01, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 10.06, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(4) or 501(95.01(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default by reference to such Sections specified above in this Section 15.03.
Appears in 2 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 801 and 1005 802 and Sections 1005, 1006 and 1012, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or Section 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Inc
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 Section 9.1 and 1005 3.5 and, if specified pursuant to Section 3012.3, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons Coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 9.1 and 1005 3.5 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons Coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.1(1) or 501(9) (8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons Coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its any obligations under Sections 1004 and 1005 and, if any covenant specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Pseg Fossil LLC
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1006 and 1005 1007, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1006 and 1005 1007, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Deere & Co), Indenture (Deere & Co)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 1005, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 1005, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Pep Boys Manny Moe & Jack), Level 3 Communications Inc
Covenant Defeasance. Upon the Company's exercise under Section 1501 of the above option applicable to this Section 1503 with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1006 and 1005 and1007, and if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9Section 501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Oneok Inc /New/), Oneok Inc /New/
Covenant Defeasance. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer and the Guarantor shall be released from its their obligations under Sections 1004 801 and 1005 802 and Sections 1006 through 1010, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company Company, the applicable Issuer and any applicable Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9Section 501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Supplemental Indenture (Boston Scientific Corp), Supplemental Indenture (American Medical Systems Europe B.V.)
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1019, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c) or 501(9(g) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Jo-Ann Stores Inc, Fca of Ohio Inc
Covenant Defeasance. Upon the Company's ’s exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, (1) the Company shall be released from its obligations under Sections 1004 1006 and 1005 and, if specified 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 301301 to be subject to this provision), its obligations under and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Section 501(4) (with respect to Sections 1006 and 1007 and any other covenantSections or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "covenant defeasance"hereinafter called “Covenant Defeasance”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant(to the extent so specified in the case of Section 501(4)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 803 and Sections 1004 and 1005 1006 through 1009 inclusive and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "OutstandingOUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 Section 9.1 and 1005 3.5 and, if specified pursuant to Section 3012.3, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons Coupons appertaining thereto shall thereafter be deemed to be not "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 Sections 1004 9.1 and 1005 3.5 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons Coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.1(4) or 501(9) (8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons Coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Scottish Annuity & Life Holdings LTD)
Covenant Defeasance. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1006 through 1019, inclusive, and 1005 and, if specified pursuant to Section 301, its obligations under any other covenantthe provisions of Article Twelve and Sections 1416 through 1429 shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 and the provisions of Article Twelve and Sections 1004 and 1005 or such other covenant1416 through 1429, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(9) or otherwise(g), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Sinclair Broadcast Group Inc), Lease Agreement (Sinclair Broadcast Group Inc)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1011, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1011, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Developers Diversified Realty Corp), Developers Diversified Realty Corp
Covenant Defeasance. Upon the Company's exercise under Section 401 hereof of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1019 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, 1020 hereof with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9(4) or otherwisehereof but, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: First Supplemental Indenture (Styrochem International LTD), Styrochem International Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Sections 1004 801, 1008 and 1005 and, if specified 1009 (and any covenant applicable to such Securities that are determined pursuant to Section 301, its obligations under any other covenant, 301 to be subject to this provision) and the occurrence of an event specified in Section 501(4) (with respect to any of Sections 801, 1008 or 1009) (and any other Event of Default applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 801, 1008 and 1005 or 1009 (and such other covenant), but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Owens Corning), Owens Corning Capital Ii
Covenant Defeasance. Upon the Company's exercise under Section 1201 of the above option applicable to this Section with respect to any Securities 1203, each of or within a series, the Company and the Restricted Subsidiaries shall be released from its obligations under Sections 801(c), 801(d) and 801(f), the covenants contained in Sections 1004 and 1005 and, if specified pursuant to through 1022 (other than Section 301, its obligations under any other covenant, 1008) with respect to such the Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Events of Default under sections 501(c), (d), (e) and (f), and the Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoSecurities, the Company and any 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4Sections 501(c), 501(d), 501(e) or 501(9and 501(f) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 1006, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 1006, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with with, and shall have no liability in respect of of, any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 1403.
Appears in 1 contract
Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, (a) the Company shall be released from its obligations under Sections 1004 and 1005 and, if specified any Section applicable to such Securities that are determined pursuant to Section 3013.1 to be subject to this provision; (b) the occurrence of any event specified in Sections 5.1(d) (with respect to any Section applicable to such Securities that are determined pursuant to Section 3.1 to be subject to this provision) shall be deemed not to be or result in an Event of Default; and (c) the provisions of Article XIV shall cease to be effective, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1404 13.4 are satisfied (hereinafter, hereinafter called "covenant defeasanceCovenant Defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with (and no Event of Default shall arise out of such non-compliance) with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenantArticle, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Associated Banc-Corp
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under any covenant under Article Eight and in Sections 1004 and 1005 through 1012, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or Section 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby. In addition, upon the Company's exercise under Section 1501 of the option applicable to Section 1503, Sections 501(4) through (6) shall not constitute Events of Default.
Appears in 1 contract
Samples: Cablevision Systems Corp
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(D) or 501(9501(I) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the The Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company at its option, shall be released from its obligations with respect to the Securities of or within a series under Sections 1004 7.1, 9.4, 9.5, 9.8, 9.9 and 1005 9.10 and, if specified pursuant to Section 3013.1, its obligations under any other covenantcovenants, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any request, demand, authorization, direction, waivernotice, consent consent, waiver or declaration or other Act of Holders (and the consequences of any thereof) in connection with Sections 1004 7.1, 9.4, 9.5, 9.8, 9.9 and 1005 9.10, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, provision, condition or limitation set forth in any such Section or such other covenantcovenants, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant covenants or by reason of any reference in any such Section or such other covenant covenants to any other provision herein or in any other document or otherwise and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(95.1(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Farmland Industries Inc
Covenant Defeasance. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 905 through 907, and, if specified pursuant to Section 301, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto related coupons, respectively, on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or 501(9Section 501(6) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (FSD Pharma Inc.)
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 803, 1006, 1007, 1009, 1010 and 1005 1011 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 803, 1006, 1007, 1009, 1010 or 1011, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company and 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 Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(3) or 501(9Section 501(10) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Chemtura CORP)
Covenant Defeasance. Upon the Company's exercise by the Company of the above option applicable to this Section 1303 with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 905 through 907, and, if specified pursuant to Section 301, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any coupons appertaining thereto related coupons, respectively, on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9) (8) or otherwise, as the case may bebut, but except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Covenant Defeasance. Upon the Company's ’s exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company and each Guarantor, if any, shall be released from its obligations under any covenant or provision contained in Sections 1004 10.04, 10.05, 10.06, 10.07, 10.08, 10.09 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenantSections 10.13 through 10.26 and the provisions of Article Eight shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(e) or, to the extent it relates to such Section or 501(9) or otherwiseArticle, as the case may beSection 5.01(d), but but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 1005 (and any other Sections 1004 and 1005 and, if specified applicable to such Securities that are determined pursuant to Section 301, its obligations under any other covenant, 301 to be subject to this provision) and the occurrence of a Default specified in Section 503(C) (insofar as it is with respect to Section 1005 or any other Section applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) or Section 503(D) shall be deemed not to be a Default with respect to the Outstanding Securities of such series, and any coupons appertaining thereto the provisions of Article Fourteen hereof shall cease to be effective on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantSection, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of the Securities of such series may not be accelerated because of a Default specified in Section 503(D) or by reference to such Sections specified above in this Section 1403.
Appears in 1 contract
Samples: Article Twelve (Bny Capital V)
Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1008 and 1005 1009, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1008 and 1005 1009, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(3) or 501(9Section 501(6) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon In the Company's exercise case of Outstanding Securities of a series on which the exact amounts or maximum amounts due or to become due can be determined at the time of the above option applicable making of the deposit referred to this in Section with respect to any Securities of or within a series14.04, the Company shall be released from its obligations applicable to such Securities under Sections 1004 Section 11.01(a), the Guarantor shall be released from its obligations applicable to such Securities under Section 4.06 and 1005 Section 11.01(b), and each of the Company and the Guarantor shall be released from its obligations applicable to such Securities under Section 4.04 and, if so specified pursuant to Section 3012.03(b), its obligations under any other covenant, restrictive covenant added for the benefit of such Securities pursuant to Section 2.03(b) (and the occurrence of any event specified in Section 6.01(c) (with respect to such Outstanding Securities Section 4.04, Section 4.06 and Section 11.01 and any coupons appertaining thereto such other covenants, as applicable) and Section 6.01(f) shall not be deemed to be or result in a Default or an Event of Default), on and after the date the applicable conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the applicable conditions subsequent set forth below (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company or the Guarantor, as the case may be, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantSection, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Bank of America Corp /De/
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 803 and Sections 1004 and 1005 1006 through 1009, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9) 501 or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1006 through 1019 inclusive, and 1005 and, if specified pursuant to Section 301, its obligations under any other covenantthe provisions of Article Twelve and Sections 1416 through 1429 shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 and the provisions of Article Twelve and Sections 1004 and 1005 or such other covenant1416 through 1429, but shall continue to be deemed "OutstandingOUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(9) or otherwise(g), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Salem Communications Corp /De/
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Oasis Residential Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4clause (4) or 501(9(9) of Section 501 or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Security Capital Atlantic Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 10.04 to 10.09, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenantcovenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 13.04 are satisfied (hereinafter, "covenant defeasanceCovenant Defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 10.04 to 10.09, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(45.01(4) or 501(95.01(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company's ’s exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company and each Guarantor, if any, shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 10.05 through 10.18, inclusive, and 1005 andthe provisions of clauses (3), if specified pursuant to (4) and (5) of Section 301, its obligations under any other covenant8.01(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 4.04 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(c) or 501(9(g) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Power Solutions International, Inc.
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections Section 1004 to 1010, inclusive and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the - 70 - purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 and 1005 to 1010, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Centerpoint Properties Trust
Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Sections 1004 801, 1008 and 1005 and, if specified 1009 (and any covenant made applicable to such Securities pursuant to Section 301, its obligations under any other covenant, 301 and the occurrence of an event specified in Section 501(4) (with respect to any of Sections 801, 1008 or 1009) (and any other Event of Default applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 801, 1008 or 1009 (and 1005 or any other covenant made applicable to such other covenantSecurity pursuant to Section 301), but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Unova Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1004, 1005 and 1005 1010, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1004, 1005 and 1005 1010, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Pep Boys Manny Moe & Jack
Covenant Defeasance. Upon the Company's exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained in Sections 1004 10.06 through 10.22 and 1005 andSections 14.04 through 14.06 and 14.08 through 14.17 and the provisions of Articles Eight, if specified pursuant to Section 301, its obligations under any other covenantEleven and Twelve shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(c) or 501(9) or otherwise(d), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Blue Bird Corp
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 1004 (and any other Sections 1004 and 1005 and, if specified applicable to such Securities that are determined pursuant to Section 301301(16), its obligations under any other covenant, 901(2) or 901(10) to be subject to this provision) and the occurrence of an event of default specified in Section 501(4) or 501(7) (insofar as it is with respect to Section 1004 or any other Section applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall be deemed not to be an Event of Default with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 1004, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may beDefault, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Home Loan Servicing Solutions, Ltd.
Covenant Defeasance. Upon the Company's ’s exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company and each Guarantor, if any, shall be released from its obligations under any covenant or provision contained in Sections 1004 10.04, 10.05, 10.06, 10.07, 10.08, 10.09 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenantSections 10.13 through 10.27 and the provisions of Article Eight shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(e) or, to the extent it relates to such Section or 501(9) or otherwiseArticle, as the case may beSection 5.01(d), but but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A)
Covenant Defeasance. Upon the Company's or Guarantor's exercise of the above its option applicable (if any) to have this Section applied to any Securities and their related Guarantees or any series of Securities and their related Guarantees, as the case may be, (1) the Company and the Guarantor shall be released from their 70 obligations under Section 801(3), Sections 1006 through 1009 inclusive, Sections 1011 through 1012 inclusive, and any covenants provided pursuant to Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any Securities of or within a seriesSection 801(3), the Company shall be released from its obligations under Sections 1004 1006 through 1009 inclusive, Sections 1011 through 1012 inclusive, and 1005 and, if specified any such covenants provided pursuant to Section 301301(18), its obligations under any other covenant901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default in each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, hereinafter called "covenant defeasanceCovenant Defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant(to the extent so specified in the case of Section 501(4)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. SECTION 1304.
Appears in 1 contract
Samples: Sprint Corp
Covenant Defeasance. Upon the Company's exercise of the above ------------------- option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Mci Worldcom Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1006 and 1005 1007, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1006 and 1005 1007, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Lci International Inc /Va/
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and Xxxxxxxx shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1006 through 1014, 1016 and 1005 and1018 through 1021, if specified pursuant to Section 301, its obligations under any other covenantand the provisions of Sections 1316 through 1328 shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 and the provisions of Sections 1004 and 1005 or such other covenant1316 through 1328, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and Xxxxxxxx may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9) or otherwise501(d), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 1006, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 1006, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 1503.
Appears in 1 contract
Samples: Pennantpark Investment Corp
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 1006 through 1008 and, if specified pursuant to Section 301, its obligations under any other covenantcovenant (other than Section 1001), with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9Section 501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (International Specialty Products Inc /New/)
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor, if any, shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1018, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c) or 501(9(g) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Ingles Markets Inc
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections Section 1004 and 1005 to 1006, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1006, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Dynex Capital Inc)
Covenant Defeasance. Upon the Company's Issuers’ exercise under Section 1301 of the above option applicable to this Section with respect to any Securities 1303, each of or within a series, the Company Issuers and the Guarantors shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its respective obligations under any other covenantcovenant contained in Sections 801(a)(4) and (5), 801(b)(4) and (b)(5), 802 and in Sections 1007 and 1009 through and including SECTION 1020 and Article Fourteen with respect to such the Outstanding Securities and any coupons appertaining thereto Notes on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Securities and any coupons appertaining thereto the Notes shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoNotes, the Company Issuers 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 Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 Sections 501(3) and, with respect to only any Significant Subsidiary and not the Issuers, Section 501(4) or 501(9) or otherwise501(7), as the case may bebut, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Notes shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1020, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d), (f) or 501(9(g) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Autobahn Inc
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Sections 1004 and 1005 and, if any covenant specified with respect to any Outstanding Securities of any series of Securities established pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities 301 and any coupons appertaining thereto to any such Securities, on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or any such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Jetblue (Jetblue Airways Corp)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Sections 1004 (i) the occurrence of an event specified in Section 501(4) shall not be deemed an Event of Default,(ii) the provisions of Article Eleven shall cease to be effective and 1005 and(iii) any other section, if specified clause or provision applicable to such Securities that are determined pursuant to Section 301, its obligations under any other covenant, 301 to be subject to this provision with respect to such the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions precedent set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section Section, Clause or such other covenant, Article whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section Section, Clause or such other covenant Article or by reason of any reference in any such Section Section, Clause or such other covenant Article 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of the Securities of such series may not be accelerated because of or by reference to the Sections specified above in this Section 1403.
Appears in 1 contract
Samples: St Paul Capital Trust Ii
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its obligations itsobligations under any other covenantcovenant or provision contained or referred to in Sections 1005 through 1020, inclusive, and the provisions of clause (iii) of Section 801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d), (f) or 501(9(g) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Sonic Automotive Inc)
Covenant Defeasance. Upon the Company's Companies' exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Companies and the Guarantor shall be released from its their obligations under Sections 1004 801 and 1005 802 and Sections 1006 through 1011, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company Companies and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(3) or Section 501(9) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Us Industries Inc /De
Covenant Defeasance. Upon the Company's exercise under Section 4.1 of the above option applicable to this Section with respect to any Securities of or within a series4.3, the Company and any other obligor upon the Securities shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 10.5 through 10.20, inclusive, and 1005 and, if specified pursuant to the provisions of clauses (iii) and (iv) of Section 301, its obligations under any other covenant8.1(a) shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.4 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and any such obligor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein or in such Defeased Securities or other documents to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(c) or 501(9) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Bki Asset Management Corp
Covenant Defeasance. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 7.1, 9.4 (other than the Company's obligation to maintain its corporate existence), 9.5, 9.6, 9.7, 9.8, 9.9 and 1005 9.10 and, if specified pursuant to Section 3013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 7.1, 9.4 (other than the Company's obligation to maintain its corporate existence), 9.5, 9.6, 9.7, 9.8, 9.9 and 1005 or 9.10 and any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(95.1(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Supplemental Indenture (Cadiz Inc)
Covenant Defeasance. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its their obligations under any other covenantcovenant or provision contained or referred to in Sections 1005 through 1020, inclusive, and the provisions of clause (iii) of Section 801(a), with respect to such Outstanding Securities and any coupons appertaining thereto the Defeased Securities, on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(9(f) or otherwisebut, as the case may be, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Penske Automotive Group, Inc.
Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 and 1005 to 1011, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Evans Withycombe Residential Lp
Covenant Defeasance. Upon the Company's exercise under Section 8.1(a) of the above option applicable to this Section with respect to any Securities of or within a series8.1(c), the Company shall be released from its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding any covenant contained in Sections 4.2(b), 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.13 and 4.16 and Sections 5.1(iii), 5.1(iv) and 5.1(v) with respect to the outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstandingoutstanding" for all other purposes hereunder. For this purposethese purposes, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe outstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(9) or otherwise6.1, as the case may bebut, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby, and any omission to comply with such obligations shall not constitute a Default or an Event of Default with respect to the Securities.
Appears in 1 contract
Samples: Atlas Air Inc
Covenant Defeasance. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Parent shall be released from its obligations under Sections 1004 1009 and 1005 1010, and, if specified pursuant to Section 301, its the obligations under any other covenantcovenant so specified, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1009 and 1005 1010, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company Parent may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9Section 501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Cooper Offshore Holdings S.a.r.l.
Covenant Defeasance. Upon the Company's exercise of the above option applicable provided in Section 1301 to have this Section with respect 1303 applied to any the Outstanding Securities of or within a any defeasible series, the Company shall be released from (i) in the case of Senior Securities of any series, its obligations under Sections 1004 and 1005 and, if specified pursuant to Section 301hereof or (ii) in the case of Senior Securities or Subordinated Securities of any series, its obligations under any other covenant, with respect to such any other covenant with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4) or 501(9501(8) (except to the extent covenants or otherwiseagreements referenced in such Sections remain applicable) but, as the case may be, but except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Carlisle Companies Inc
Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 1005 through 1020, inclusive, and 1005 and, if specified pursuant to the provisions of clause (iii) of Section 301, its obligations under any other covenant801(a), with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and 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 Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4Sections 501(c), (d) or 501(9) or otherwise(g), as the case may bebut, but except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Tri R of Orlando Inc)
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 Section 10.06, and, if specified pursuant to Section 3013.01, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 Section 10.06, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(iv) or 501(95.01(vii) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 14.03.
Appears in 1 contract
Samples: Carlyle Secured Lending, Inc.
Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a any series, and unless and until the Company has exercised its option applicable to Section 1402 with respect to Securities of the same series, the Company (and any applicable Guarantor) shall be released from its obligations under Sections 1004 704, 803, 1005, 1006 and 1005 and, if specified pursuant to Section 301, its obligations under any other covenant, 1007 with respect to such the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "“covenant defeasance")”, and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be 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 Sections 1004 and 1005 or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder). For this purpose, such covenant defeasance means that, that with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantcovenants set out in Sections 704, 803, 1005, 1006 and 1007 whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other 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 501(4) or 501(9) or otherwise, as the case may bedocument, but except as specified above, the remainder of this Indenture and the Securities of such Securities and any coupons appertaining thereto series shall be unaffected thereby. In addition, upon the Company’s exercise of such covenant defeasance, subject to the conditions set forth in Section 1404 below, Clauses (3) and (7) of Section 501 hereof shall not constitute “Events of Default”.
Appears in 1 contract
Samples: Indenture (Mineracao Maraca Industria E Comercio S.A.)
Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and 1005 to 1010, inclusive and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "'covenant defeasance"'), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 and 1005 to 1010, inclusive, or such other covenant, but shall continue to be deemed "'Outstanding" ' for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other 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 501(4501(3) or 501(9501(7) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Carramerica Realty L P
Covenant Defeasance. Upon the Company's ’s or the Guarantor’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company and the Guarantor shall be released from its their respective obligations under Sections 1004 1006 and 1005 1007, and, if specified pursuant to Section 301, its obligations under any other covenant, with respect to such Outstanding Securities and any coupons appertaining thereto the Guarantee in respect thereof on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be 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 Sections 1004 1006 and 1005 1007, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(5) or 501(9501(8) or otherwise, as the case may be, but but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto the Guarantee in respect thereof shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Sasol Financing USA LLC)