Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 20 contracts
Samples: Senior Indenture (Chord Energy Corp), Senior Indenture (Approach Resources I, LP), Senior Indenture (Whiting Petroleum Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 20 contracts
Samples: Subordinated Indenture (Chord Energy Corp), Subordinated Indenture (Gulfport Energy Corp), Subordinated Indenture (Amplify Energy Corp.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 20 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 17 contracts
Samples: Indenture (Enterprise Financial Services Corp), Indenture (Enterprise Financial Services Corp), Indenture (National Penn Bancshares Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenArticles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 11 contracts
Samples: Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Contango Venture Capital Corp), Subordinated Indenture (Goodrich Petroleum CO LLC)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be, (1) the Company Guarantor shall be released from its their obligations under Section 801(3)this Indenture (except any obligations under Sections 2.05, Sections 1005 through 10082.06, inclusive2.07, 4.01, 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and any covenants provided pursuant to Section 301(21), 901(212.04) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the applicable conditions set forth in Section 1504 13.04 are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and and, with respect to any series of Securities to which the Subsidiary Guarantorsprovisions of Article Fifteen shall apply, as applicable, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section (to the extent so specified in the case of Section 501(5obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and 12.04)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 10 contracts
Samples: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC), Indenture (Accenture Global Capital DAC)
Covenant Defeasance. Upon the CompanyCorporation’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, :
(1) the Company The Corporation shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the The occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Corporation 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(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 10 contracts
Samples: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(23.01(17) or 901(7Section 9.01(2) with respect to any Securities or any series of Securities for the benefit of the Holders of such Securities, and Section 8.01, as applicable, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3)8.01, Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(23.01(17) or 901(7Section 9.01(2)), 501(6), 501(7)), 501(10) and 501(115.01(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 14.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any covenants added for the benefit of the Securities of such series pursuant to any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 9 contracts
Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 13.01 to have this Section applied obtain a covenant defeasance with respect to any the Outstanding Securities or any series of Securitiesa particular series, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, this Indenture and any covenants provided pursuant to Section 301(21)applicable supplemental indenture (except its obligations under Sections 3.04, 901(23.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and 10.05) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the applicable conditions set forth in Section 1504 13.04 are satisfied (herein called “Covenant Defeasance”hereinafter, "COVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture and any such specified Section applicable supplemental indenture (to the extent so specified in the case of Section 501(5except its obligations under Sections 3.04, 3.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and 10.05)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 5.01(4) or any such supplemental indenture with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 9 contracts
Samples: Subordinated Debt Indenture (Radio One Licenses LLC), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Section 801(37.04, Section 8.01(c), Sections 1005 through 1008, inclusive, Section 10.05 and any covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(55.01(d) (with respect to any of Section 801(37.04, Section 8.01(c), Sections 1006 through 1008, inclusive, Section 10.05 and any such covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g)), 501(6), 501(7)), 501(10) and 501(11or 5.01(g) shall be deemed not to be or result in an Event of Default Default, and (3c) the provisions of Article Thirteen XIV shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article ThirteenXIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 9 contracts
Samples: Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Pioneer Energy Services Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), Section 901(2) or Section 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), Section 901(2) or Section 901(7)), Section 501(6), Section 501(7)), Section 501(10) and Section 501(11) shall be deemed not to be or result in an Event of Default and ((3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 9 contracts
Samples: Senior Indenture (Amplify Energy Corp.), Senior Indenture (Chesapeake Operating LLC), Senior Indenture (Amplify Energy Corp.)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section applied obtain a covenant defeasance with respect to any the Outstanding Securities or any series of Securitiesa particular series, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, this Indenture and any covenants provided pursuant to Section 301(21)applicable supplemental indenture (except its obligations under Sections 3.04, 901(23.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and 10.05) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the applicable conditions set forth in Section 1504 13.04 are satisfied (herein called hereinafter, “Covenant DefeasanceCOVENANT DEFEASANCE”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture and any such specified Section applicable supplemental indenture (to the extent so specified in the case of Section 501(5except its obligations under Sections 3.04, 3.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and 10.05)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 5.01(4) or any such supplemental indenture with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 8 contracts
Samples: Subordinated Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1503 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1503 on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 8 contracts
Samples: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), Indenture (Lear Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenArticles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 8 contracts
Samples: Subordinated Indenture (Kanawha River Terminals, LLC), Subordinated Indenture (SunCoke Energy, Inc.), Subordinated Indenture (Cardtronics DR, LLC)
Covenant Defeasance. Upon the Company’s or the Parent Guarantor’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantors shall be released from its their obligations under Section 801(3801(2), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2901(3) or 901(7901(9) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(3) (with respect to any of Section 801(3801(2), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2901(3) or 901(7901(9)), 501(6), 501(7)), 501(10) and 501(11501(4) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as 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 specified Section (to the extent so specified in the case of Section 501(5501(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 8 contracts
Samples: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 through 1008, inclusive10.05, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(38.01(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(105.01(7) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen 13 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the applicable conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen, 13 whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, and such omission to comply shall not constitute an Event of Default under this Indenture or any such supplemental indenture with respect to Outstanding Securities of such series, and but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Energy Services Puerto Rico LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Section 801(37.04, Section 8.01(c), Sections 1005 through 1008, inclusive, Section 10.05 and any covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(5Section 5.01(d) (with respect to any of Section 801(37.04, Section 8.01(c), Sections 1006 through 1008, inclusive, Section 10.05 and any such covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g)), 501(6), 501(7)), 501(10) and 501(11or 5.01(g) shall be deemed not to be or result in an Event of Default Default, and (3c) the provisions of Article Thirteen XIV shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article ThirteenXIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Speed Commerce, Inc.), Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.2 and satisfaction of the conditions to have this defeasance set forth in Section applied to any Securities or any series of Securities11.5, as the case may be, (1) the Company shall be released from its obligations under Section 801(3)Sections 5.4, Sections 1005 through 10085.5, inclusive, 6.1 and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(212.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 7.1), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified described in Sections 501(57.1(4) and (7) and any other events of default to be applicable to the Securities of a series as specified pursuant to Section 2.1 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (with respect to the extent so specified in the case of Section 501(5)) or Article Thirteenit, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Samples: Subordinated Indenture (Hanover Compressor Co /), Subordinated Indenture (Highland Autoplex Inc), Subordinated Indenture (Carriage Cemetery Services of Idaho Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Subordinated Indenture (Whiting Petroleum Corp), Subordinated Indenture (Whiting Petroleum Corp), Subordinated Indenture (Mustang Manufacturing Company, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1005 and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”"COVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Subordinated Debt Indenture (Aig Capital Trust I), Junior Subordinated Debt Indenture (American International Group Inc), Junior Subordinated Debt Indenture (American International Group Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 10.05 through 100810.08, inclusive, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.05 through 100810.08, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (7)), 501(65.01(6), 501(7)5.01(7), 501(105.01(10) and 501(115.01(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article ThirteenArticles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Subordinated Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Bold Energy III LLC), Subordinated Indenture (Davis Petroleum Corp.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1603 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1603 on and after the date the conditions set forth in Section 1504 1604 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Subordinated Indenture (American Italian Pasta Co), Subordinated Indenture (Bay Valley Foods, LLC), Subordinated Indenture (Bay Valley Foods, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 10.04 through 100810.08, inclusive, and any covenants provided pursuant to Section 301(21Sections 3.01(s), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(5Section 5.01(e) (with respect to any of Section 801(3)8.01, Sections 1006 10.04 through 1008Section 10.08, inclusive, and any such covenants provided pursuant to Section 301(21Sections 3.01(s), 901(29.01(b) or 901(79.01(g)), 501(6), 501(7)), 501(10and Sections 5.01(e) and 501(11through 5.01(i) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Senior Indenture (Medtronic Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 10.05 through 100810.08, inclusive, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.05 through 100810.08, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (7)), 501(65.01(6), 501(7)5.01(7), 501(105.01(10) and 501(115.01(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Senior Indenture (Natural Gas Services Group Inc), Senior Indenture (Bold Energy III LLC), Senior Indenture (NGSG Properties, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Pharmacopeia Drug Discovery Inc), Indenture (Entertainment Properties Trust)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1004 and any covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1004 and any such covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) and the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenXV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Laredo Midstream Services, LLC), Indenture (SN Cotulla Assets, LLC), Indenture (Laredo Midstream Services, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 through 1008, inclusiveSection 10.05, and any covenants provided pursuant to Section 301(213.01(21), 901(2,
9.01 (2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(4) (with respect to any of Section 801(38.01(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(105.01(7) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen 13 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the applicable conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen, 13 whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, and such omission to comply shall not constitute an Event of Default under this Indenture or any such supplemental indenture with respect to Outstanding Securities of such series, and but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Hornbeck Offshore Services LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(5), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case effective with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (South Financial Group Inc), Subordinated Indenture (Forest Oil Corp)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be, (1) the Company Guarantor shall be released from its their obligations under Section 801(3)this Indenture (except any obligations under Sections 2.05, Sections 1005 through 10082.06, inclusive2.07, 4.01, 4.02, 4.04, 6.02, 7.06 and any covenants provided pursuant to Section 301(21), 901(27.10) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the applicable conditions set forth in Section 1504 13.04 are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and and, with respect to any series of Securities to which the Subsidiary Guarantorsprovisions of Article Fifteen shall apply, as applicable, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section (to the extent so specified in the case of Section 501(5obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 6.02, 7.06 and 7.10)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp), Indenture (Aon Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1i) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 10.05 through 100810.19, inclusive, and any covenants covenant provided pursuant to Section 301(21), 901(29.01(ii) or 901(7) for and the benefit of Guarantors shall be released from their obligations under Article XIII and the Holders of such SecuritiesGuarantees, and (2ii) the occurrence of any event specified in Sections 501(55.01(3) and 5.01(4) (with respect to Section 8.01(3) and any of Section 801(3), Sections 1006 10.05 through 100810.19, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(79.01(ii)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)5.01(3) or Article Thirteen5.01(4)), whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (United Rentals Gulf Inc), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuer shall be released from its obligations under Section 801(3Sections 9.1(b), Sections 1005 through 10089.1(c), inclusive11.4(a), and any covenants provided pursuant to Section 301(213.1(r), 901(210.1(d) or 901(710.1(h) for the benefit of the Holders of such Securities, (2) each Guarantor in respect of such series (other than the Company) shall be released from all of its obligations under this Indenture, including pursuant to Article 5, and (23) the occurrence of any event specified in Sections 501(56.1(c) (with respect to any of Section 801(3Article 5, Sections 9.1(b) and 9.1(c), Sections 1006 through 1008, inclusive11.4(a), and any such covenants provided pursuant to Section 301(213.1(r), 901(210.1(d) or 901(710.1(h)), 501(6), 501(7)), 501(106.1(d) and 501(116.1(e) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 14.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer and the Subsidiary Guarantors, as applicable, applicable Guarantors 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 (to the extent so specified in the case of Section 501(56.1(c)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 through 1008, inclusiveand [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any negative covenants provided pursuant applicable to Section 301(21)the Securities], 901(2) or 901(7) for the benefit of the Holders of such Securitiesand Article XIII, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3)8.01, Sections 1006 through 1008, inclusive[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any such negative covenants provided pursuant applicable to Section 301(21the Securities] and Article XIII), 901(2) or 901(7)), 501(6), 501(7)), 501(105.01(5) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 14.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Philadelphia Suburban Corp), Indenture (Aqua America Inc), Indenture (Aqua America Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 10.4 through 100810.8, inclusive, Section 14.12, if applicable, and any such covenants provided pursuant to Section 301(21Sections 3.1(22), 901(29.1(2) or 901(79.1(7)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) (with respect to any of Sections 8.1, 10.4, through 10.8, inclusive, Section 14.12, if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(7)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Article ThirteenSection 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(7) and 501(11Section 5.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.6 and 10.7 and any covenants provided pursuant to Section 301(21Sections 3.1(19), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, and ,
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.6 and 10.7 and any such covenants provided pursuant to Section 301(213.1(19), 901(29.1(2) or 901(79.1(7)), 501(6), 501(7)), 501(10) and 501(11) the occurrence of any Event of Default specified pursuant to Section 3.1 shall be deemed not to be or result in an Event of Default and Default, and
(3) the provisions of Article Thirteen 15 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1) or Article Thirteen15, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Northfield Laboratories Inc /De/), Indenture (Cell Genesys Inc), Indenture (Cell Genesys Inc)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 through 1008, inclusiveand [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any negative covenants provided pursuant applicable to Section 301(21)the Securities], 901(2) or 901(7) for the benefit of the Holders of such Securitiesand Article XIII, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3)8.01, Sections 1006 through 1008, inclusive[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any such negative covenants provided pursuant applicable to Section 301(21the Securities], and Article XIII), 901(2) or 901(7)), 501(6), 501(7)), 501(105.01(5) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 14.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 3 contracts
Samples: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)
Covenant Defeasance. Upon The Company, the Company’s exercise of its option Guarantor (if applicable) and any other obligor, if any) , shall be released on the 91st day after the date of the deposit referred to have this Section applied to any Securities or any series of Securities, as the case may be, in clause (1) the Company shall be released below from its obligations under Section 801(3)Sections 7.4, Sections 1005 through 10088.1, inclusive10.4, 10.5 and any covenants provided pursuant to Section 301(21), 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(5) (10.6 with respect to the Securities of any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called “Covenant Defeasance”hereinafter, "covenant defeasance"), and the Securities of such series shall thereafter be deemed to be not "Outstanding" for the purposes of any request, demand, authorization, direction, notice, waiver, consent or declaration or other action or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed Outstanding for all other purposes hereunder. For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other documentdocument and such omission to comply shall not constitute a Default or an Event of Default under Section 5.1, but but, except as specified above, the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.. The following shall be the conditions to application of this Section 13.3;
Appears in 3 contracts
Samples: Indenture (Weatherford International Inc /New/), Indenture (Weatherford International LTD), Indenture (Weatherford International Inc /New/)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.2 and satisfaction of the conditions to have this defeasance set forth in Section applied to any Securities or any series of Securities11.5, as the case may be, (1) the Company and any Guarantor shall be released from its obligations under Section 801(3)Sections 5.4, Sections 1005 through 10085.5, inclusive, 6.1 and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(212.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 7.1), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified described in Sections 501(57.1(4) and (7) and any other events of default to be applicable to the Securities of a series as specified pursuant to Section 2.1 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called a “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantorsany 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 specified Section (with respect to the extent so specified in the case of Section 501(5)) or Article Thirteenit, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Senior Indenture (Rearden Minerals, LLC), Senior Indenture (Offshore Energy III LLC), Senior Indenture (WCR/Range GP, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 10.4 through 100810.8, inclusive, Section 15.12, if applicable, and any such covenants provided pursuant to Section 301(21Sections 3.1(22), 901(29.1(2) or 901(79.1(7)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) (with respect to any of Sections 8.1, 10.4, through 10.8, inclusive, Section 15.12, if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(7)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Article ThirteenSection 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 5.01 to have this Section 5.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1a) the Company shall will be released from its obligations under Section 801(3), Sections 1005 6.04 through 10086.07, inclusive, Section 12.01, and such provisions of any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of Supplemental Indenture as may be specified in such SecuritiesSupplemental Indenture, and (2b) the occurrence of any event specified in Sections 501(58.01(a)(iii), 8.01(a)(iv) (with respect to any of Section 801(3), Sections 1006 6.04 through 10086.07, inclusive, Section 12.01, and such provisions of any Supplemental Indenture as may be specified in such covenants provided pursuant to Section 301(21Supplemental Indenture), 901(2) or 901(7)8.01(a)(v), 501(68.01(a)(vi), 501(7)), 501(10and 8.01(a)(ix) and 501(11) shall will be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 5.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall will have no liability in respect of any term, condition condition, or limitation set forth in any such specified Section or provision (to the extent so specified in the case of Section 501(58.01(a)(iv)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article provision or by reason of any reference in any such Section or Article provision to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities shall series will be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (MFN Financial Corp), Indenture (Mercury Finance Co), Indenture (Mercury Finance Co)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuer shall be released from its obligations under Section 801(3Sections 9.1(b), Sections 1005 through 10089.1(c), 11.4(a) to (c), inclusive, and any covenants provided pursuant to Section 301(213.1(r), 901(210.1(c) or 901(710.1(g) for the benefit of the Holders of such Securities, (2) the Company shall be released from all of its obligations under this Indenture, including pursuant to Article 5, and (23) the occurrence of any event specified in Sections 501(56.1(e) (with respect to any of Section 801(3Article 5, Sections 9.1(b) and 9.1(c), Sections 1006 through 100811.4(a) to (c), inclusive, and any such covenants provided pursuant to Section 301(213.1(r), 901(210.1(c) or 901(710.1(g)), 501(66.1(f), 501(7)6.1(g), 501(106.1(h) and 501(116.1(i) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 14.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer and the Subsidiary Guarantors, as applicable, 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 (to the extent so specified in the case of Section 501(56.1(e)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Subordinated Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) (2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.4 and any such covenants provided pursuant to Section 301(213.01(8), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7)), 501(6), 501(7)), 501(10) and 501(11Section 5.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen ARTICLE XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenXV or the last paragraph of Section 14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(10) and 501(11Section 5.01(6) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XIV (and the provisions of the last paragraph of Section 13.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(3)) or Article ThirteenXIV or the last paragraph of Section 13.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Subordinated Indenture (Energy XXI Gulf Coast, Inc.), Subordinated Indenture (Goodrich Petroleum CO LLC), Subordinated Indenture (Shaw Manufacturing & Services Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) right to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive10.10 and 10.11, and any covenants provided pursuant to Section 301(21)3.1(k) relating to covenants of the Company with respect to a particular series of Securities, 901(2Section 9.1(b) or 901(79.1(h) for the benefit of the Holders of such Securities, Securities and (2b) the occurrence of any event specified in Sections 501(55.1(d) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive10.10 and 10.11, and any such covenants provided pursuant to Section 301(21)3.1(k) relating to covenants of the Company with respect to a particular series of Securities, 901(2Section 9.1(b) or 901(79.1(h)), 501(6), 501(7)), 501(10) and 501(115.1(g) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.1(d)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Texas New Mexico Power Co), Indenture (Texas New Mexico Power Co)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive8.01 and Section 10.04, and any covenants provided pursuant to the Subsidiary Guarantors shall be released from their obligations under Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, 8.02 and Article XIII and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(5) (with respect to any of Section 801(3Sections 8.01, 8.02 and 10.04), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(105.01(6) and 501(115.01(9) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions of Article Thirteen XIII shall cease to be effective, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 14.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby. In addition, Covenant Defeasance means that each Subsidiary Guarantor, if any, shall be released from its obligations under its Subsidiary Guarantee to the extent that the Company is released from its obligations under this Indenture.
Appears in 2 contracts
Samples: Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1004 and any covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4 ) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1004 and any such covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenXV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Cott USA Finance LLC), Indenture (Cott Corp /Cn/)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(7)), 501(6), 501(7)), 501(109.1(2) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(10) and 501(11Section 5.01(6) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(7)), 501(6), 501(7)), 501(109.1(2) ) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “ Covenant Defeasance “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3) )) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)
Covenant Defeasance. Upon the Company’s exercise of its option (option, if any) , to have this Section 1303 applied to any Securities or any series of Securities, as the case may beor if this Section 1303 shall otherwise apply to any Securities or any series of Securities, (1) the Company and the Guarantors shall be released from its their respective obligations under Section 801(3), Sections 1005 through 1008, inclusive, 801 and any covenants provided pursuant to Section 301(21301(18), 901(2Section 901(1) or 901(7Section 901(12) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (and Section 501(8) with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 801 and any such covenants provided pursuant to Section 301(21301(18), 901(2Section 901(1) or 901(7)), 501(6), 501(7)), 501(10) and 501(11Section 901(12) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 1303 on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and Guarantees, each of the Company and the Subsidiary Guarantors, as applicable, Guarantors 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 (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and Guarantees shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Royalty Pharma PLC), Indenture (Royalty Pharma PLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1603 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1603 on and after the date the conditions set forth in Section 1504 1604 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen,, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Subordinated Indenture (Lear Corp), Subordinated Indenture (Lear Argentine Holdings Corp #2)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(10) and 501(11Section 5.01(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Enflex Corp), Indenture (CVG Oregon, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1004 and any covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1004 and any such covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenXV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Vitamin Shoppe, Inc.), Indenture (Rosetta Resources Offshore, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, Article X and any covenants provided pursuant to Section 301(21Sections 2.01(a)(15), 901(29.01(d) or 901(79.01(g) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(56.01(a)(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, Article X and any such covenants provided pursuant to Section 301(21Sections 2.01(a)(15), 901(29.01(d) or 901(7)), 501(6), 501(7)), 501(109.01(g) and 501(116.01(a)(7)) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(56.01(a)(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Senior Indenture (SiriusPoint LTD), Indenture (SiriusPoint LTD)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 through 1008, inclusiveand [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any negative covenants provided pursuant applicable to Section 301(21)the Securities], 901(2) or 901(7) for the benefit of the Holders of such Securitiesand Article XIII, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3)8.01, Sections 1006 through 1008, inclusive[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, and any such negative covenants provided pursuant applicable to Section 301(21the Securities], and Article XIII), 901(2) or 901(7)), 501(6), 501(7)), 501(105.01(5) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 14.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Subordinated Securities Agreement (Aqua America Inc), Indenture (Philadelphia Suburban Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 9.03 applied to any the outstanding Securities or any series of Securities, as the case may be(in whole and not in part), (1i) the Company and the Guarantors shall be released from its their respective obligations under Section 801(3)Article 5, Sections 1005 4.02 through 10084.14, inclusive, Sections 4.18, 4.19 and 4.21 and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities10.01 hereof, and (2ii) the occurrence of any event specified in Sections 501(5Section 6.01(c) (or 6.01(d) hereof, with respect to any of Section 801(35.01(c) or (d), Sections 1006 4.03 through 10084.14, inclusive, Sections 4.18, 4.19 and 4.21, and any such covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(21)10.01 hereof, 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 9.03 on and after the date on which the conditions set forth in Section 1504 9.04 hereof are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Guarantors 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 (to the extent so specified in the case of Section 501(56.01(c) and 6.01(d) hereof)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision provisions herein or in any other document, ; but the remainder of this Indenture Indenture, the Guarantees and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Nabors Industries Inc), Indenture (Trend Drilling Co)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Highland Autoplex Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 Section 10.06 through 1008Section 10.07, inclusive, and any other covenants provided or provisions of this Indenture applicable to such securities that are identified pursuant to Section 301(21)3.01 to be subject to this provision, 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(5Section 5.01(d) (with respect to any of Section 801(3)8.01, Sections 1006 Section 10.06 through 1008Section 10.07, inclusive, and any other covenants applicable to such covenants provided securities that are identified pursuant to Section 301(213.01 to be subject to this provision), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11Section 5.01(h) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital Strategies LTD)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have If this Section applied 4.5 is specified, as contemplated by Section 3.1, to be applicable to any series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(213.1(21), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, Securities that pursuant to the terms of such Securities are defeasible pursuant to this Section 4.5 and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(213.1(21), 901(2) or 901(7)9.1(2), 501(6), 501(7)), 501(10or 9.1(7) and 501(115.1(7) (if pursuant to the terms of such Securities this Section 4.5 is applicable to any such event specified in Section 5.1(7)) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 4.6 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5Sections 5.1(4) and 5.1(7)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 9.03 applied to any the outstanding Securities or any series of Securities, as the case may be(in whole and not in part), (1i) the Company and the Guarantors shall be released from its their respective obligations under Section 801(3)Sections 5.01 and 5.02, Sections 1005 4.02 through 10084.14, inclusive, Sections 4.18, 4.19 and 4.21 and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities10.01 hereof, and (2ii) the occurrence of any event specified in Sections 501(5Section 6.01(c) (or 6.01(d) hereof, with respect to any of Section 801(3)5.01 and 5.02, Sections 1006 4.03 through 10084.14, inclusive, Sections 4.18, 4.19 and 4.21, and any such covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(21)10.01 hereof, 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 9.03 on and after the date on which the conditions set forth in Section 1504 9.04 hereof are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Guarantors 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 (to the extent so specified in the case of Section 501(56.01(c) and 6.01(d) hereof)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision provisions herein or in any other document, ; but the remainder of this Indenture Indenture, the Guarantees and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Di Industries Inc), Indenture (Grey Wolf Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 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(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Senior Indenture (Whiting Petroleum Corp), Senior Indenture (Mustang Manufacturing Company, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any event specified pursuant to Section 501(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of pursuant to Section 501(5501(3)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (State Street Corp), Indenture (State Street Capital Trust Ii)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.1(3), Sections 1005 10.5 through 100810.8, inclusive, and any covenants provided pursuant to Section 301(213.1(22), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.1(5) (with respect to any of Section 801(38.1(3), Sections 1006 10.5 through 100810.8, inclusive, and any such covenants provided pursuant to Section 301(213.1(22), 901(29.1(2) or 901(79.1(7)), 501(65.1(6), 501(7)), 501(10) and 501(115.1(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles XII, XIII and XIV shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.4 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.1(5)) or Article ThirteenXII, XIII or Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Subordinated Indenture (California Resources Real Estate Ventures, LLC), Subordinated Indenture (California Resources Production Corp)
Covenant Defeasance. Upon the Company’s exercise under Section 1301 of its option (if any) to have this Section 1303 applied to any the Outstanding Securities or any of a particular series of Securities, (as the case may bea whole and not in part), (1) the Company shall be released from its obligations under Section 801(3Sections 801(C), Sections 1005 through 10081014, inclusive, and under any covenants provided additional or substitute covenant established with respect to the Securities of any series (a) pursuant to Section 301(21301(25), Section 901(2) or Section 901(7) for or (b) pursuant to the benefit of terms set forth in the Holders Securities or incorporated therein if the Securities of such Securitiesseries have been determined pursuant to Section 301 to be subject to this provision (with Section 1015, and any such additional and substitute covenant, referred to herein as a “Defeasible Covenant”), and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11or 501(8) with respect to such Defeasible Covenant shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case case, with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section 1303 on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenDefeasible Covenant, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article Defeasible Covenant or by reason of any reference in any such Section or Article Defeasible Covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Following a Covenant Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default specified in Section 501(9) or Section 501(10) or by reference to Section 501(8) and such Defeasible Covenant.
Appears in 2 contracts
Samples: Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc), Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuer shall be released from its obligations under Section 801(3Sections 9.1(b), Sections 1005 through 10089.1(c), 11.4(a) to (c), inclusive, and any covenants provided pursuant to Section 301(213.1(r), 901(210.1(b) or 901(710.1(f) for the benefit of the Holders of such Securities, (2) the Company shall be released from all of its obligations under this Indenture, including pursuant to Article 5 and Sections 11.6 through 11.8, inclusive, and (23) the occurrence of any event specified in Sections 501(56.1(e) (with respect to any of Section 801(3Article 5, Sections 9.1(b) and 9.1(c), 11.4(a) to (c), inclusive, Sections 1006 11.6 through 100811.8, inclusive, and any such covenants provided pursuant to Section 301(213.1(r), 901(210.1(b) or 901(710.1(f)), 501(66.1(f), 501(7)), 501(106.1(g) and 501(116.1(j) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 14.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer and the Subsidiary Guarantors, as applicable, 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 (to the extent so specified in the case of Section 501(56.1(e)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Finance Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Capstead Mortgage Corp), Indenture (Capstead Mortgage Corp)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be, (1) the Company Guarantor shall be released from its their obligations under Section 801(3)this Indenture (except any obligations under Sections 2.05, Sections 1005 through 10082.06, inclusive2.07, 4.01, 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and any covenants provided pursuant to Section 301(21), 901(212.04) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the applicable conditions set forth in Section 1504 13.04 are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and and, with respect to any series of Securities to which the Subsidiary Guarantorsprovisions of Article Fifteen shall apply, as applicable, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section (to the extent so specified in the case of Section 501(5obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 6.02, 7.06 and 7.10)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Aon PLC), Indenture (Aon PLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Subordinated Indenture (EZMONEY Alabama, Inc.), Subordinated Indenture (Riverbend Gas Gathering, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantors in respect of the Securities of such series shall be released from its their obligations under Section 801(3)Article 8 and Sections 10.05, Sections 1005 10.06, 10.09 through 1008, inclusive10.14, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(79.01(13) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) in respect of the Securities of such series (with respect to any of Section 801(3)Article 8 and Sections 10.05, Sections 1006 10.06, 10.09 through 1008, inclusive10.14, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(7)), 501(6), 501(7)), 501(109.01(13) and 501(11for the benefit of the Holders of such Securities) shall be deemed not to be or result in an Event of Default with respect to such series and (3) subject to the provisions satisfaction of Article Thirteen the conditions set forth in Section 13.04 hereof, Sections 5.01(3), 5.01(4), 5.01(5) and 5.01(6) hereof shall cease not constitute Events of Default with respect to be effectivesuch Series, in each case (1), (2) and (3) with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied in respect of the Securities of such series (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and the corresponding Guarantees, the Company and each Guarantor in respect of the Subsidiary Guarantors, as applicable, Securities of such series 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 (to the extent so specified in the case of Section 501(5)) Article or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Article or Section or Article or by reason of any reference in any such Article or Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.2 and satisfaction of the conditions to have this defeasance set forth in Section applied to any Securities or any series of Securities11.5, as the case may be, (1) the Company shall be released from its obligations under Section 801(3)Sections 5.4, Sections 1005 through 10085.5, inclusive, 6.1 and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(212.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 7.1), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified described in Sections 501(57.1(7) (and any other events of default to be applicable to the Securities of a series as specified pursuant to Section 2.1 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (with respect to the extent so specified in the case of Section 501(5)) or Article Thirteenit, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Junior Subordinated Notes Indenture (Affiliated Managers Group, Inc.), Junior Subordinated Notes Indenture (Affiliated Managers Group, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company and the Guarantor, if applicable, shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 10088.3, inclusive, 10.8 and 10.9 and any covenants provided pursuant to Section 301(213.1(o), 901(29.1(a), 9.1(c) or 901(79.1(f) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(55.1(d) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 10088.3, inclusive, 10.8 and 10.9 and any such covenants provided pursuant to Section 301(21Sections 3.1(o), 901(29.1(a), 9.1(c) or 901(79.1(f)), 501(6Section 5.1(e), 501(7)), 501(10(f) and 501(11(j) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary GuarantorsGuarantor, as if applicable, 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 (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Notwithstanding anything herein to the contrary, no Covenant Defeasance shall release any successor Person referred to in Article VIII from its obligations to assume the obligations of the Company and the Guarantor, as applicable, under Section 6.7 as a condition to the consummation of any transaction contemplated by Section 8.1 or 8.3, as applicable.
Appears in 2 contracts
Samples: Senior Indenture (Mutual Risk Management LTD), Senior Indenture (MRM Capital Trust Iii)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7)), 501(6), 501(7)), 501(10) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) and the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenXV or the last paragraph of Section 14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Jaguar Resources LLC), Indenture (Diamondback Energy O&G LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and in any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7)), 501(6), 501(7)), 501(10) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) and the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenXV or the last paragraph of Section 14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have If this Section applied 4.5 is specified, as contemplated by Section 3.1, to any Securities or be applicable to any series of SecuritiesDebentures or any Debentures of such series, as the case may be, (1a) the Company shall be released from its obligations under Section 801(3), Sections 1005 10.4 through 100810.7, inclusive, and any covenants provided pursuant to Section 301(21), 901(23.1 or 9.1(b) or 901(79.1(f) for the benefit of the Holders of the Debentures of such Securities, series or any repayment obligation upon a change of control provided pursuant to Section 3.1(u) or any events of default provided pursuant to Section 3.1(v) and Section 5.1(g) (pursuant to the terms of the Debentures of such series this Section 4.5 is applicable to any such event specified in Section 5.1(g)) that pursuant to the terms of such Debentures of such series are defeasible pursuant to this Section 4.5 and (2b) the occurrence of any event specified in Sections 501(55.1(d) (with respect to any of Section 801(3), Sections 1006 10.3 through 100810.7, inclusive, and any such covenants provided pursuant to Section 301(21Sections 3.1, 9.1(b), 901(2or 9.1(f) or 901(7)), 501(6), 501(7)), 501(10as otherwise set forth in (a) and 501(11of this Section 4.5 above) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Debentures of such Securities and Subsidiary Guarantees series as provided in this Section on and after the date the conditions set forth in Section 1504 4.6 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to the Debentures of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.1(d) and 5.1(g)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Debentures of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, ,
(1i) the Company shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2ii) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(38.01, Section 10.04, and such other covenants as may have been made applicable to such Defeasible Series pursuant to Sections 3.01(16), Sections 1005 through 1008, inclusive, 9.01(2) and any covenants provided pursuant to Section 301(21), 901(29.01(7) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3Sections 8.01 or 10.04 or such other applicable covenants referred to in the preceding clause (1), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(115.01(5) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby; provided that notwithstanding a Covenant Defeasance with respect to Section 8.01, any Person to whom a transfer, sale, lease or other disposition is made pursuant to Section 8.01, shall as a condition to such transfer, sale, lease or other disposition, assume by an indenture supplemental hereto in form satisfactory to the Trustee, executed by such successor Person and delivered to the Trustee, the obligations of the Company to the Trustee under Section 6.06 and the second to the last paragraph of Section 13.05.
Appears in 2 contracts
Samples: Indenture (New York Times Co), Indenture (New York Times Co)
Covenant Defeasance. Upon the issuing Company’s exercise of its option (if any) to have this Section 13.03 applied to any Securities or any series of Securities, as the case may be, (1a) such Company and the Guarantor (if the issuing Company is not the Guarantor) shall be released from its or their respective, as the case may be, obligations under Section 801(3), Sections 1005 through 1008, inclusive, 8.01 and any covenants provided pursuant to Section 301(213.01(r), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(55.01(d) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 8.01 and any such covenants provided pursuant to Section 301(21Sections 3.01(r), 901(29.01(b) or 901(79.01(g)), 501(6), 501(7)), 501(10and Sections 5.01(e) and 501(11through 5.01(g) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 13.03 on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the issuing Company and the Subsidiary Guarantors, as applicable, Guarantor (if the issuing Company is not 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 (to the extent so specified in the case of Section 501(55.01(d)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 1008, inclusive, 10.4 or 10.5 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 1008, inclusive, 10.4 or 10.5 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(21) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section or such other covenant (to the extent so specified in the case of Section 501(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(213.01(16) (as it relates to Article 10), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such the covenants provided pursuant to Section 301(213.01(6), 901(29.01(2) or 901(79.01(7)), 501(65.01(5), 501(7)5.01(6), 501(10) and 501(115.01(10) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Thirteen and Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 16.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenThirteen or Article Fifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1004 and any covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1004 and any such covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenXV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (SEP Holdings III, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.4 and any covenants provided pursuant to Section 301(213.1(18), 901(29.1(2), 9.1(6) or 901(79.1(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.4 and any such covenants provided pursuant to Section 301(213.1(18), 901(29.1(2), 9.1(6) or 901(79.1(7)), 501(6), 501(7)), 501(10) and 501(115.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 14.1) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article ThirteenXV or the last paragraph of Section 14.1, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.1(3), Sections 1005 10.5 through 100810.8, inclusive, and any covenants provided pursuant to Section 301(213.1(21), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.1(5) (with respect to any of Section 801(38.1(3), Sections 1006 10.6 through 100810.8, inclusive, and any such covenants provided pursuant to Section 301(213.1(21), 901(29.1(2) or 901(79.1(7)), 501(65.1(6), 501(7)), 501(105.1(9) and 501(115.1(10) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen 13 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.4 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.1(5)) or Article Thirteen13, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Senior Indenture (California Resources Real Estate Ventures, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, ,
(1) the Company or any Guarantors shall be released from its their obligations under Section 801(3)Sections 8.1, Sections 1005 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2) for the benefit of the Holders of such Securities, and Securities and
(2) the occurrence of any event specified in Sections 501(5Section 5.1(4) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 100810.4, inclusive10.5. 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(2Sections 3.1(22) or 901(79.1(2)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees or any series of Securities as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantors 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(55.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article such other covenant or by reason of any reference in any such Section or Article such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 13.1 applicable to have this Section applied to any Securities or any series of Securities13.3, as the case may be, (1) the Company shall be released from its obligations under Sections 7.4 and 10.4 and clause (2) of the first paragraph of Section 801(3), Sections 1005 through 1008, inclusive, 8.1 (or any substantially equivalent replacement thereof in a supplemental indenture) and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(213.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 5.1), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event described in Section 5.1(3) and (6) and any other Events of Default to be applicable to the Securities of a series as specified in Sections 501(5) (pursuant to Section 3.1 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (with respect to the extent so specified in the case of Section 501(5)) or Article Thirteenit, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3)8.01, Sections 1005 Section 10.06 through 1008Section 10.07, inclusive, and any other covenants provided or provisions of this Indenture applicable to such securities that are identified pursuant to Section 301(21)3.01 to be subject to this provision, 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(5Section 5.01(d) (with respect to any of Section 801(3)8.01, Sections 1006 Section 10.06 through 1008Section 10.07, inclusive, and any other covenants applicable to such covenants provided securities that are identified pursuant to Section 301(213.01 to be subject to this provision), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11Section 5.01(h) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (American Capital, LTD)
Covenant Defeasance. Upon the Company’s 's exercise under Section 1301 of its option (if any) to have this Section 1303 applied to any the Outstanding Securities or any of a particular series of Securities, (as the case may bea whole and not in part), (1) the Company shall be released from its obligations under Section 801(31004, and under any additional or substitute covenant established with respect to the Securities of any series pursuant to Section 301(25), Sections 1005 through 1008, inclusiveSection 901(2) or Section 901(7) if the Securities of such series have been determined pursuant to Section 301 to be subject to this provision (with Section 1004, and any covenants provided pursuant such additional and substitute covenant, referred to Section 301(21herein as a "Defeasible Covenant"), 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(5Section 501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) Defeasible Covenant shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case case, with respect to the Outstanding Securities of such Securities and Subsidiary Guarantees series as provided in this Section 1303 on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenDefeasible Covenant, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article Defeasible Covenant or by reason of any reference in any such Section or Article Defeasible Covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Following a Covenant Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default specified in Section 501(5) or Section 501(6) or by reference to Section 501(4) and such Defeasible Covenant.
Appears in 1 contract
Samples: Senior Debt Securities Indenture (Nextel Communications Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1i) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 10081017, inclusive, clauses (iii), (iv) and (v) of Section 801 and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7901(6) for the benefit of the Holders of such Securities, and (2ii) the occurrence of any an event specified in Sections 501(5501(4) (with respect to clauses (iii), (iv) or (v) of Section 801), 501(4) (with respect to any of Section 801(3Sections 1005 through 1017, inclusive), Sections 1006 through 1008, inclusive, and 501(4) (with respect to any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7901(5)), 501(6), 501(7)), 501(10) and 501(11501(7) shall not be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section Section, on and after the date the conditions set forth in Section 1504 1204 are satisfied (herein called “hereinafter, "Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section Section, clause or Article or by reason of any reference in any such Section Section, clause or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under clause (c) of Section 801(3)8.01, Sections 1005 10.06 through 100810.08, inclusive, and any covenants provided pursuant to clause (r) of Section 301(21), 901(23.01 or clause (b) or 901(7(g) of Section 9.01 for the benefit of the Holders of such Securities, ; and (2b) the occurrence of any event specified in Sections 501(5clause (d) of Section 5.01 (with respect to any of clause (c) of Section 801(3)8.01, Sections 1006 10.06 through 100810.08, inclusive, and any such covenants provided pursuant to clause (r) of Section 301(21), 901(23.01 or clause (b) or 901(7)), 501(6), 501(7)), 501(10(g) and 501(11) of Section 9.01 shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in DB1/88479535.4 each case with will respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of clause (d) of Section 501(55.01)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (OM Asset Management PLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities, any tranche of Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities, any tranche of Securities or any series of Securities, as the case may be, (1) the Company and the Guarantor shall be released from its each of their obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7901(8) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7901(8)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.02 and satisfaction of the conditions to have this defeasance set forth in Section applied to any Securities or any series of Securities11.05, as the case may be, (1) the Company shall be released from its obligations under Section 801(3)Sections 5.04, Sections 1005 through 10085.05, inclusive, 6.01(ii) and 9.04 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(212.01 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 7.01), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified described in Sections 501(57.01(iv), (v) and (viii) and any other events of default to be applicable to the Securities of a series as specified pursuant to Section 2.01 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to any the Outstanding Securities of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section series on and after the date the conditions set forth in Section 1504 below are satisfied (herein called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and the Subsidiary Guarantors, 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 specified Section (with respect to the extent so specified in the case of Section 501(5)) or Article Thirteenit, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Zoetis Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5501(4)) ), or Article Thirteen, Fourteen whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section Article or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3301 to be subject to this provision), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 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(5Section 501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusiveand 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision), and any such covenants Covenants provided pursuant to Section 301(21Sections 301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(5)501(4) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 10.07 through 100810.14, inclusive, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(55.01(4), 5.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.07 through 100810.14, inclusive, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7)), 501(65.01(6), 501(7)), 501(105.01(7) and 501(115.01(10) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, 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 specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Omi Corp/M I)