Common use of Covenant Defeasance Clause in Contracts

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 Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 14 contracts

Samples: Indenture (Read Rite Corp /De/), Indenture (Micron Technology Inc), Indenture (Quantum Corp /De/)

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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 shall be released from its obligations under Sections 1006 through 1007Section 7.04, inclusiveSection 8.01(c), Section 10.05 and any covenants provided pursuant to Section 301(193.01(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(45.01(d) (with respect to any of Sections 1006 through 1007Section 7.04, inclusiveSection 8.01(c), Section 10.05 and any such covenants provided pursuant to Section 301(193.01(u), 901(29.01(b) or 901(79.01(g)), ) or 5.01(g) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(d)) 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 12 contracts

Samples: Indenture (Pioneer Energy Services Corp), Indenture (RigNet, Inc.), Indenture (Helix Energy Solutions 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(3), Sections 1006 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071009, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 11 contracts

Samples: Indenture (Jefferson Pilot Corp), Indenture (Reynolds & Reynolds Co), Indenture (Dime Bancorp 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 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(21), 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(4501(5) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(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, Default and (3) the provisions of Article Fifteen 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 1304 1504 are satisfied (hereinafter 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(4501(5)) or Article FifteenThirteen, 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: Senior Indenture (Falcon Aero Holdings LLC), Senior Indenture (Contango Venture Capital Corp), Senior Indenture (Goodrich Petroleum CO 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(21), 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(4501(5) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(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, Default and (3) the provisions of Article Fifteen 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 1304 1504 are satisfied (hereinafter 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(4501(5)) or Article FifteenThirteen, 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 7 contracts

Samples: Senior Indenture (Kanawha River Terminals, LLC), Senior Indenture (SunCoke Energy, Inc.), Senior Indenture (Cardtronics DR, LLC)

Covenant Defeasance. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied obtain a Covenant Defeasance with respect to any the Outstanding Securities of a particular series, or any series of SecuritiesTranche thereof, as the case may be, (1) the Company shall be released from its obligations under this Indenture (except its obligations under Sections 1006 through 1007304, inclusive305, 306, 506, 509, 610, 1001, 1002, 1006, 1007 and any covenants provided pursuant to Section 301(19), 901(21008) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any the Outstanding Securities of Sections 1006 through 1007such series, inclusiveor Tranche thereof, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Covenant DefeasanceCOVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means shall mean that, with respect to the Outstanding Securities of such Securitiesseries, or Tranche thereof, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section this Indenture (to the extent so specified in the case of Section 501(4except its obligations under Sections 304, 305, 306, 506, 509, 610, 1001, 1002, 1005, 1007 and 1008)) 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 and such omission to comply shall not constitute an Event of Default under Section 501(3) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series or Tranche shall be unaffected thereby.

Appears in 7 contracts

Samples: Indenture (Baltimore Gas & Electric Co), Indenture (Public Service Co of Colorado), Indenture (Public Service Co of Colorado)

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 through 1007Section 8.01(1)(B)(i), inclusiveSection 10.05, Section 10.06 and any covenants provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities and Securities, and (2) the occurrence of any event specified in Sections 501(45.01(3), 5.01(4) (with respect to any of Sections 1006 through 1007Section 8.01(1)(B)(i), inclusiveSection 10.05, Section 10.06 and any such covenants provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7)), ) and 5.01(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) 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 6 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Petroleum Corp)

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 through and 1007, inclusive, and any covenants provided pursuant to Section Sections 301(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(4) (with respect to any of Sections 1006 through and 1007, inclusive, and any such covenants provided pursuant to Section Sections 301(19), 901(2) or 901(7)), ) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 6 contracts

Samples: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, 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 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19), 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(4) (with respect to any of Section 801(3), Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2), 901(6) or 901(7)), ) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case Default with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 5 contracts

Samples: Indenture (Ugly Duckling Corp), Indenture (Pinnacle West Capital Corp), Indenture (Arizona Public Service 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 Sections 1006 through 1007, inclusive, Section 8.01(1)(B)(i) and any covenants provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(45.01(3), 5.01(4) (with respect to any of Sections 1006 through 1007, inclusive, Section 8.01(1)(B)(i) and any such covenants provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7)), ) and 5.01(7) shall be deemed not to be or result in an Event of Default, and and (3) the provisions of Article Fifteen XIV shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) or Article FifteenXIV, 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: Indenture (Marathon Petroleum Corp), Indenture (Marathon Oil Corp), Indenture (Marathon 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(22), 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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(22), 901(2) or 901(7)), and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 5 contracts

Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)

Covenant Defeasance. Upon the Company's Corporation’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company Corporation shall be released from its obligations under Section 801(3), Sections 1006 1005 through 10071006, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10071006, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company 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 (to the extent so specified in the case of Section 501(4)) 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 5 contracts

Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, 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 Sections 1006 through 1007Article X, inclusiveSection 4.06, and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Sections 1006 through 1007Article X, inclusiveSection 4.06, and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(6) and 6.01(a)(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 5 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (Tanzanian Gold Corp)

Covenant Defeasance. Upon the Company's exercise of its option (if any) to have this Section applied to any applicable 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 1006 1005 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 4 contracts

Samples: Indenture (Alexanders Inc), Indenture (Alexanders Inc), Indenture (Alexanders 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 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19), 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(4) (with respect to any of Section 801(3), Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2), 901(6) or 901(7)), and 501(7) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Fourteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen, 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 (Ugly Duckling Corp), Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)

Covenant Defeasance. Upon the Company's ’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 1006 through 1007, inclusive, 7.4 and 10.4 and clause (2) of the first paragraph of Section 8.1 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(193.1 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(d) and Section 5.1(g) and any other Events of Default to be applicable to the Securities of a series as specified in Sections 501(4) (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 Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called "Covenant Defeasance"hereinafter, “covenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (with respect to the extent so specified in the case of Section 501(4)) or Article Fifteenit, 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 (Greenidge Generation Holdings Inc.), Indenture (Charah Solutions, Inc.), Indenture (Argo Blockchain PLC)

Covenant Defeasance. Upon the Company's ’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(2), Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2901(3) or 901(7901(9) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Section 801(2), Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2901(3) or 901(7901(9)), ) and 501(4) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)) 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 4 contracts

Samples: Indenture (Cobrew 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 8.03 applied to any Securities or any series of Securities, as the case may beoutstanding Notes (in whole and not in part), (1i) the Company shall be released from its obligations under Section 5.01(c) and (d), Sections 1006 4.05 through 10074.18, inclusive, and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(19)9.01 hereof, 901(2) or 901(7) for the benefit of the Holders of such Securities and (2ii) the occurrence of any event specified in Sections 501(4Section 6.01(c) (or Section 6.01(d) hereof, with respect to any of Section 5.01(c) and (d), Sections 1006 4.05 through 10074.18, inclusive, and any such covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(19), 901(2) or 901(7))9.01 hereof, shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities Notes as provided in this Section 8.03 on and after the date the conditions set forth in Section 1304 8.04 hereof are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4Sections 6.01(c) and 6.01(d) hereof)) 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 Notes shall be unaffected thereby.

Appears in 4 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc), Indenture (McLeodusa 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 1006 1005 through 10071006, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10071006, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, Default in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen, 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 (Psi Energy Inc), Indenture (Cinergy Corp), Indenture (Cinergy 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 1006 through 10071010, inclusive, and any covenants provided pursuant to Section 301(19301(16), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071010, inclusive, and any such covenants provided pursuant to Section 301(19301(16), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 4 contracts

Samples: Indenture (Weeks Realty L P), Indenture (Meridian Industrial Trust Inc), Indenture (Weeks Realty 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 1006 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071009, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), ) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 4 contracts

Samples: Indenture (Scholastic Corp), Indenture (Scholastic Corp), Indenture (Scholastic Corp)

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 shall be released from its obligations under Sections 1006 through 1007Section 7.04, inclusiveSection 8.01, Section 10.05 and any covenants provided pursuant to Section 301(193.01(r), 901(29.01(b) or 901(79.01(f) for the benefit of the Holders of such Securities and (2b) the occurrence of any event specified in Sections 501(45.01(d) (with respect to any of Sections 1006 through 1007Section 7.04, inclusiveSection 8.01(c), Section 10.05 and any such covenants provided pursuant to Section 301(193.01(r), 901(29.01(b) or 901(79.01(f)), ) or 5.01(g) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(d)) 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 4 contracts

Samples: Subordinated Indenture (Magnum Hunter Resources Corp), Indenture (GreenHunter Energy, Inc.), Subordinated Indenture (GreenHunter Energy, Inc.)

Covenant Defeasance. Upon the CompanyCorporation'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 Corporation shall be released from its obligations under Section 801, Section 803, Sections 1006 1005 through 1007, inclusive, Section 1009 and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(6) for the benefit of the Holders of such Securities and Securities, and (2) the occurrence of any event specified in Sections 501(4), 501(5) (with respect to any of Section 801, Section 803, Sections 1006 1005 through 1007, inclusive, Section 1009 and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(6)), ) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company 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 (to the extent so specified in the case of Section 501(4501(5)) 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 4 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

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 Article X, Sections 1006 through 1007, inclusive, 4.06 and 4.07 and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Article X, Sections 1006 through 1007, inclusive, 4.06 and 4.07 and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), Section 6.01(a)(6) and 6.01(a)(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 4 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (DPW 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(22), 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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(22), 901(2) or 901(7)), and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article 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 1304 1504 are satisfied (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(4)) 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 3 contracts

Samples: Senior Indenture (Spinnaker Exploration Co), Senior Indenture (Hanover Compressor Co /), Senior Indenture (Hanover Compressor Co /)

Covenant Defeasance. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable 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, Sections 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(24), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801, Sections 1006 1005 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(24), 901(2) or 901(7)), ) and 501(5) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 3 contracts

Samples: Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.)

Covenant Defeasance. Upon the Company's ’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 8.01(3), Sections 1006 10.05 through 100710.18, inclusive, Section 10.20, and any covenants covenant provided pursuant to Section 301(19)9.01(ii) and the Guarantors shall be released from their obligations under Article XIII and the Guarantees, 901(2) or 901(7) for the benefit of the Holders of such Securities and (2ii) the occurrence of any event specified in Sections 501(45.01(3) and 5.01(4) (with respect to Section 8.01(3) and any of Sections 1006 10.05 through 100710.18, inclusive, and Section 10.20, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(79.01(ii)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)5.01(3) or Article Fifteen5.01(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 Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)

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(4), Sections 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(4), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(21), 901(2) or 901(7)), and 501(8) shall be deemed not to be or result in an Event of Default, (3) the occurrence of any event specified in Section 501(5) or 501(6), as they relate to the Subsidiary Guarantors only, shall be deemed not to be or result in an Event of Default and (34) the provisions of Article Fifteen Twelve shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenTwelve, 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 (Penn Virginia MC CORP), Subordinated Indenture (Penn Virginia Corp), Subordinated Indenture (Penn Virginia Corp)

Covenant Defeasance. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company and each Guarantor shall be released from its their obligations under Section 801, Sections 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(24), 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(4) (with respect to any of Section 801, Sections 1006 1005 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(24), 901(2) or 901(7901(8)), ) and 501(5) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 3 contracts

Samples: Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc), Senior Debt Indenture (Intercontinentalexchange Inc)

Covenant Defeasance. Upon the Company's Issuers’ exercise of its option (if any) to have defease certain restrictive covenants in this Section applied Indenture with respect to the Notes of any Securities or any series of Securities, as the case may beseries, (1) the Company Issuers shall be released from its obligations under Sections 1006 Section 5.01(3), Section 4.06 through 1007Section 4.09, inclusive, and any covenants Section 4.11, (2) the Subsidiary Guarantor shall be released from the Subsidiary Guarantee provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities Article 10 and (23) the occurrence of any event specified in Sections 501(4Section 6.01(3) (with respect to any of Sections 1006 Section 5.01(3), Section 4.06 through 1007Section 4.09, inclusive, Section 4.11 and any such covenants in connection with the Subsidiary Guarantee provided pursuant to Section 301(19Article 10), 901(2Section 6.01(4) or 901(7)), and Section 6.01(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case case, with respect to such Securities Notes as provided in this Section 8.03 on and after the date the conditions set forth in Section 1304 8.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company Issuers 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(46.01(3)) 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 Notes shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (NEWMONT Corp /DE/), Indenture, Indenture (NEWMONT Corp /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 Sections 1006 through 1007Article X, inclusiveSection 4.06, and any covenants provided pursuant to Section 301(19Sections 2.01(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(3) (with respect to any of Sections 1006 through 1007Article X, inclusiveSection 4.06, and any such covenants provided pursuant to Section 301(19Sections 2.01(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 6.01(a)(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(3)) 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 3 contracts

Samples: Indenture (Metlife Inc), Indenture (Metlife Capital Trust Iii), Indenture (Metlife 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 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(21), 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(4501(5) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(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, Default and (3) the provisions of Article Fifteen 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 1304 1504 are satisfied (hereinafter 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(4501(5)) or Article FifteenThirteen, 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 (Energy XXI Gulf Coast, Inc.), Senior Indenture (Goodrich Petroleum CO LLC), Senior Indenture (Shaw Manufacturing & Services 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 3 contracts

Samples: Indenture (Burlington Northern Santa Fe Corp), Indenture (Burlington Northern Santa Fe Corp), Indenture (Burlington Northern Santa Fe Corp)

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 Sections 1006 through 1007Section 801(3), inclusiveSection 1006, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(3), 501(4) (with respect to any of Sections 1006 through 1007Section 801(3), inclusiveSection 1006, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5), 501(6), 501(7), 501(8) and 501(9) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 3 contracts

Samples: Indenture (Electric Generation LLC), Indenture (Gtrans LLC), Indenture (Etrans 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 1006 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071009, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), ) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 3 contracts

Samples: Indenture (Allstate Corp), Indenture (Allstate Corp), Indenture (Allstate 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), 501(5), 501(6), and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Senior Indenture (Rf Micro Devices Inc), Senior Indenture (Forest Oil 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 1006 through 10071010, inclusive, and any covenants provided pursuant to Section 301(19301(16), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any -57- of Section 801(3), Sections 1006 through 10071010, inclusive, and any such covenants provided pursuant to Section 301(19301(16), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Storage Usa Inc), Indenture (Susa Partnership Lp)

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, (1a) the Company Issuer shall be released from its obligations under Sections 1006 through 1007Section 3.6, inclusive3.7, 3.9 and 3.10, and any covenants provided pursuant to Section 301(192.3(12), 901(28.1(c) or 901(7) 8.1(e), for the benefit of the Holders of such Securities and (2b) the occurrence of any event specified in Sections 501(4Section 5.1(d) (with respect to any of Sections 1006 through 10073.6, 3.7, 3.9 and 3.10 inclusive, and any such covenants provided pursuant to Section 301(192.3(12), 901(28.1(c) or 901(7)), 8.1(e) and 5.1(h) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 10.4 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth froth in any such specified Section (to the extent so specified in the case of Section 501(45.1(d)) 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 2 contracts

Samples: Indenture (General Mills Inc), Indenture (General Mills 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 beNotes, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19901(2), 901(2901(6) or 901(7) for the benefit of the Holders of such Securities Notes and (2) the occurrence of any event specified in Sections 501(4501(c) (with respect to any of Section 801(3), Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)901(6), shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen XIV shall cease to be effective, in each case with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(c)) or Article FifteenXIV, 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 57 Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)

Covenant Defeasance. Upon the Company's exercise of its the option (if any) provided in Section 1301 to have this Section applied obtain a covenant defeasance with respect to the Outstanding Securities of a particular series and any Securities Coupons appertaining thereto, the Trust or any series of Securitiesthe Corporation, as the case may be, (1) the Company shall be released from its obligations under this Indenture (except its obligations under Sections 1006 through 1007304, inclusive305, 306, 506, 509, 610, 1001, 1002, 1005 and any covenants provided pursuant to Section 301(19), 901(21010) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any the Outstanding Securities of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section series on and after the date the applicable conditions set forth in Section 1304 are satisfied (hereinafter 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 Trust or the Corporation, as the case may be, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section this Indenture (to the extent so specified in the case of Section 501(4except its obligations under Sections 304, 305, 306, 506, 509, 610, 1001, 1002, 1005 and 1010)) 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 and such omission to comply shall not constitute an Event of Default under Section 501(4) 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 (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)

Covenant Defeasance. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company and the Guarantor shall be released from its their obligations under Section 801, Sections 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(24), 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(4) (with respect to any of Section 801, Sections 1006 1005 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(24), 901(2) or 901(7901(8)), ) and 501(5) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Senior Debt Indenture (NYSE Holdings LLC), Subordinated Debt Indenture (NYSE Holdings 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 Sections 1006 through 1007Article X, inclusiveSection 4.06, and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Sections 1006 through 1007Article X, inclusiveSection 4.06, and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 6.01(a)(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 2 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (GBL Trust I)

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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), 501(5), 501(6), and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Senior Indenture (South Financial Group Inc), Senior Indenture (South Financial 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 Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and and (3) the provisions of Article Fifteen 15 shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article Fifteen15, 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 (Solectron Corp), Indenture (Solectron 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 1006 through 10071010, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071010, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Allegiance Corp), Indenture (Allegiance Corp)

Covenant Defeasance. Upon the Company's exercise of its option (if any) to have this Section 8.03 applied to any Securities or any series of Securities, as the case may beoutstanding Notes (in whole and not in part), (1i) the Company shall be released from its obligations under Section 5.01(c) and (d), Sections 1006 4.05 through 10074.18, inclusive, and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(19)9.01 hereof, 901(2) or 901(7) for the benefit of the Holders of such Securities and (2ii) the occurrence of any event specified in Sections 501(4Section 6.01(c) (or Section 6.01(d) hereof, with respect to any of Section 5.01(c) and (d), Sections 1006 4.05 through 10074.18, inclusive, and any such covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Section 301(19), 901(2) or 901(7))9.01 hereof, shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities Notes as provided in this Section 8.03 on and after the date the conditions set forth in Section 1304 8.04 hereof are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4Sections 6.01(c) and 6.01(d) hereof)) 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 Notes shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa 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 Article X, Sections 1006 through 1007, inclusive4.06 and 4.07, and any covenants provided pursuant to Section 301(19Sections 2.01(a)(15), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Article X, Sections 1006 through 1007, inclusive4.06 and 4.07, and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(15), 901(29.01(4) or 901(79.01(7) and 6.01(a)(7)), ) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 2 contracts

Samples: Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.)

Covenant Defeasance. Upon the Company's ’s exercise of its the option (if any) provided in Section 1303 applicable to have this Section applied 1303 with respect to any Securities of or any within a series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 through 1006, 1007, inclusive1010 and 1011, and any covenants provided pursuant to Section 301(19), 901(2Sections 301(18) or 901(7901(2) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to any of Sections 1006 through 1006, 1007, inclusive1010 and 1011, and any such covenants provided pursuant to Section 301(19), 301(18) or 901(2) or 901(7)), and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Life Technologies Corp), Indenture (Watson Pharmaceuticals 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 Sections 1006 through 1007, inclusive, Section 1005 and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, Section 1005 and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), ) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant DefeasanceCOVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Aig Capital Trust I), 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(3), Sections 1006 through and 1007, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through and 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Fourteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen, 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 (Staples Inc), Indenture (Staples 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 Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and and (3) the provisions of Article Fifteen 15 shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)) or Article Fifteen15, 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 (Ddi Corp), Subordinated Indenture (Ddi 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) each of the Company and the Guarantor shall be released from its respective obligations under Sections 1006 1105 through 10071108, inclusive, and any covenants provided pursuant to Section 301(19301(12), 901(21001(2) or 901(71001(6) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4601(4) (with respect to any of Sections 1006 1105 through 10071108, inclusive, and any such covenants provided pursuant to Section 301(19301(12), 901(21001(2) or 901(71001(6)), ) and 601(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, each of the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4601(4)) 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 2 contracts

Samples: Second Supplemental Indenture (Mellon Financial Corp), Second Supplemental Indenture (Mellon 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 Article X, Sections 1006 through 1007, inclusive, 4.06 and 4.07 and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Article X, Sections 1006 through 1007, inclusive, 4.06 and 4.07 and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 6.01(a)(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 2 contracts

Samples: Indenture (Gabelli Asset Management Inc), Indenture (GBL Trust I)

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 through 1007Article X, inclusiveSection 4.6, and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Sections 1006 through 1007Article X, inclusiveSection 4.6, and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 6.01(a)(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 2 contracts

Samples: Indenture (KEMPER Corp), Indenture (Unitrin Inc)

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 8.1(3) and Sections 1006 10.5 through 100710.9, inclusive, and any covenants provided pursuant to Section 301(193.1(21), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such 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(45.1(4) (with respect to any of Section 8.1(3), Sections 1006 10.5 through 100710.9, inclusive, and any such covenants provided pursuant to Section 301(193.1(21), 901(2) or 901(7)9.1(2), or 9.1(7) and 5.1(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 Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 4.6 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4Sections 5.1(4) and 5.1(7)) 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 2 contracts

Samples: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)

Covenant Defeasance. Upon the Company's exercise of its the option (if any) provided in Section 12.01 applicable to have this Section applied to any Securities or any series of Securities, as the case may be12.03, (1i) the Company shall be released from its obligations under Section 10.04, Sections 1006 10.06 through 100710.16, inclusiveinclusive (subject, in the case of Section 10.10, to any requirement of the Trust Indenture Act), and any covenants provided pursuant to Section 301(19Sections 10.18 and 10.19 and clauses (2), 901(2(3) or 901(7) for the benefit of the Holders of such Securities and (24) of Section 8.01, and (ii) the occurrence of any an event specified in Sections 501(45.01(3) (with respect to clauses (2), (3) or (4) of Section 8.01), 5.01(4), 5.01(5) (with respect to any of Section 10.04, Sections 1006 10.06 through 100710.16, inclusiveinclusive (subject, in the case of Section 10.10, to any requirement of the Trust Indenture Act), and any such covenants provided pursuant to Section 301(1910.18), 901(2) or 901(7)5.01(6), 5.01(9), 5.01(10) and 5.01(11) shall not be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case Default with respect to such Securities as provided in this Section the Outstanding Notes on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called "Covenant Defeasancecovenant defeasance"). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to such Securitiesthe Outstanding Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenClause, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article Clause or by reason of any reference in any such Section or Article Clause to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Hawthorne Financial Corp), Indenture (Hawthorne Financial Corp)

Covenant Defeasance. Upon the Company's ’s exercise under Section 13.01 of its option (if any) to have a defeasance of the Notes as contemplated by this Section applied to any Securities or any series of Securities, as the case may be13.03, (1a) the Company shall be released from its obligations with respect to such Notes under Sections 1006 through 1007Section 8.01, inclusiveSection 8.02, Section 10.05, Section 10.07, Section 10.08, Section 10.09, Section 10.10, Section 10.11 and Section 10.12 and any covenants provided pursuant to clause (b) of Section 301(19), 901(2) or 901(7) 9.01 for the benefit of the Holders of such Securities Notes and (2b) the occurrence of any event specified in Sections 501(4clause (d) of Section 5.01 (with respect to any of Sections 1006 through 1007Section 8.01, inclusiveSection 8.02, Section 10.05, Section 10.07, Section 10.08, Section 10.09, Section 10.10, Section 10.11 and any such covenants provided pursuant to Section 301(19), 901(210.12 or clause (b) or 901(7)), of Section 9.01) shall not be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section Default on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenArticle, 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 Notes shall be unaffected thereby.

Appears in 2 contracts

Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)

Covenant Defeasance. Upon the CompanyOperating Partnership's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company Operating Partnership shall be released from its obligations under Section 801(3), Sections 1006 1005 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10071009, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Operating Partnership 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(4)) 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 2 contracts

Samples: Indenture Agreement (Vornado Realty Trust), Indenture (Vornado Realty Trust)

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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(20), 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(4501(5) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), 501(8) and 501(9) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Twelve shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter herein called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(5)) or Article FifteenTwelve, 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 (Cumberland Pharmaceuticals Inc), Subordinated Indenture (Evolution 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 Sections 1006 through 10071006, inclusive1007 and 1009, and any covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7901(6) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4501(5) (with respect to any of Sections 1006 through 10071006, inclusive1007 and 1009, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7901(6)), ) and 501(9) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(5) and 501(8)) 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 2 contracts

Samples: Indenture (Wendys International Inc), Subordinated Indenture (Nuevo Energy 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 Article 8, Sections 1006 through 1007704 and 1006, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007Article 8, Section 704 or Section 1006, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen (if applicable to such series of Securities) shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Epicor Software Corp), Indenture (Brocade Communications Systems Inc)

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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 Sections 1006 through 1007Section 801(3), inclusiveSection 1004, Section 1005, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007Section 801(3), inclusiveSection 1004, Section 1005, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Third Supplemental Indenture (PPG Industries Inc), Third Supplemental Indenture (PPG Industries 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 Sections 1006 through 1007, inclusive, Section 8.1(3) and any covenants provided pursuant to Section 301(193.1(l) (as such pertains to covenants), 901(29.1(3) or 901(79.1(4)) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(45.1(3) (with respect to any of Sections 1006 through 1007, inclusive, Section 8.1(3) and any such covenants provided pursuant to Section 301(193.1(l) (as such pertains to covenants), 901(29.1(3) or 9.1(4) or 901(7)), and 5.1(6) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)) 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 2 contracts

Samples: Junior Subordinated Indenture (Everest Re Capital Trust), Junior Subordinated Indenture (Everest Re Group LTD)

Covenant Defeasance. Upon the Company's ’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 Sections 1006 through 10075.4, inclusive5.5, 6.1(2) and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Section 301(192.1 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(47.1(4), (5) and (8) 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 Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called "Covenant Defeasance"hereinafter, “covenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (with respect to the extent so specified in the case of Section 501(4)) or Article Fifteenit, 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 (Affiliated Managers Group, Inc.), Indenture (Genzyme 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 Sections 1006 through 1007Article X, inclusiveSection 4.6, and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Sections 1006 through 1007Article X, inclusiveSection 4.6, and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 6.01(a)(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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 2 contracts

Samples: Indenture (Unitrin Inc), Indenture (Unitrin 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 1006 1007 through 10071010, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1007 through 10071010, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Newmont Mining Corp /De/), Indenture (Newmont Mining Corp /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 Sections 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall -52- 60 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(4)) 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 2 contracts

Samples: Indenture (Read Rite Corp /De/), Indenture (Read Rite Corp /De/)

Covenant Defeasance. Upon the Company's exercise of its option (if any) to have this Section applied to any applicable 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, Sections 1006 1005 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801, Sections 1006 1005 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5), 501(6) and 501(9) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital 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 8.01(3), Sections 1006 10.06 through 100710.10, inclusive, and any covenants provided pursuant to Section 301(193.01(18), 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(4) (with respect to any of Section 8.01(3), Sections 1006 10.06 through 100710.10, inclusive, and any such covenants provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7)), 5.01(5) and 5.01(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) 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.. 46

Appears in 2 contracts

Samples: Indenture (Toro Co), Indenture (Toro Co)

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 1006 through 10071010, inclusive, and any covenants provided pursuant to Section 301(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(4) (with respect to any of Section 801(3), Sections 1006 through 10071010, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

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 shall be released from its obligations under Sections 1006 Section 10.6 through 1007Section 10.7, inclusive, and any covenants provided pursuant to Section 301(193.1(s), 901(2Section 9.1(b) or 901(7Section 9.1(g) for the benefit of the Holders of such Securities and Securities; and (2b) the occurrence of any event specified in Sections 501(4Section 5.1(d) (with respect to any of Sections 1006 Section 10.6 through 1007Section 10.7, inclusive, and any such covenants provided pursuant to Section 301(193.1(s), 901(2Section 9.1(b) or 901(7Section 9.1(g)), ) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.1(d)) 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 2 contracts

Samples: Indenture (Symantec Corp), Indenture (Symantec Corp)

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 beNotes, (1) the Company shall be released from its obligations under Section 801(3) and Sections 1006 1005 through 10071009, inclusive, of the Indenture, and any covenants provided pursuant to Section 301(19Sections 301(16), 901(2) or 901(7) of the Indenture for the benefit of the Holders of such Securities the Notes and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3) and Sections 1006 1005 through 10071009, inclusive, of the Indenture and any such covenants provided pursuant to Section 301(19Sections 301(16), 901(2) or 901(7)), and 501(7) of the Indenture shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities the Notes as provided in this Section on and after the date the conditions set forth in Section 1304 5.4 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section of the Indenture (to the extent so specified in the case of Section 501(4)) or Article Fifteenof the Indenture, whether directly or indirectly by reason of any reference elsewhere herein in the Indenture to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this Indenture and such Securities the Notes shall be unaffected thereby.

Appears in 2 contracts

Samples: Seventh Supplemental Indenture (DOVER Corp), Sixth Supplemental Indenture (DOVER Corp)

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 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (M I Homes Inc), Indenture (M I Homes Inc)

Covenant Defeasance. Upon the Company's exercise of its option (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 1006 1005 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Parker Hannifin Corp), Indenture (Parker Hannifin 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, Securities as the case may be, (1) the Company shall be released from its obligations under Section 7.04, Section 8.01(3), Sections 1006 10.06 through 100710.09, inclusive, and any covenants provided pursuant to Section 301(193.01(23), 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(45.01(4) (with respect to any of Section 8.01, Sections 1006 10.06 through 100710.09, inclusive, and any such covenants provided pursuant to Section 301(19), 901(29.01(2) or 901(79.01(7)), and 5.01(5) through 5.01(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) 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 2 contracts

Samples: Indenture (Bowater Inc), Senior Indenture (Bowater 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 and the Guarantor shall be released from its their obligations under Sections 1006 through 1007, inclusive, 1004 and 1007 and any covenants provided pursuant to Section 301(19301(17), 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(4) (with respect to any of Sections 1006 through 1007, inclusive, 1004 and 1007 and any such covenants provided pursuant to Section 301(19301(17), 901(2) or 901(7)), and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 2 contracts

Samples: Indenture (Heinz H J Co), Indenture (Heinz Hj Finance Co)

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 Sections 1006 through 1007, inclusive, Section 801(3) and Section 1004 and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, Section 801(3) and Section 1004 and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), ) and 501(11) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Fourteen and Article Sixteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen or Article Sixteen, 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 Debt Indenture (Key3media Group Inc), Subordinated Debt Indenture (Key3media Events Inc)

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 8.1(3) and Sections 1006 10.5 through 100710.8, inclusive, and any covenants provided pursuant to Section 301(193.1(21), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such 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(45.1(4) (with respect to any of Section 8.1(3), Sections 1006 10.5 through 100710.8, inclusive, and any such covenants provided pursuant to Section 301(193.1(21), 901(2) or 901(7)9.1(2), or 9.1(7) and 5.1(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 Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 4.6 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4Sections 5.1(4) and 5.1(7)) 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

Samples: Indenture (United States Surgical 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 Sections 1006 through 1007, inclusive, Section 801(3) and any covenants provided pursuant to Section 301(19301(l) (as 72 such pertains to covenants), 901(2901(3) or 901(7901(4) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusive, Section 801(3) and any such covenants provided pursuant to Section 301(19301(l) (as such pertains to covenants), 901(2901(3) or 901(7)), 901(4) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Junior Subordinated Indenture (Everest Re Capital Trust Iii)

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 through 1007Article X, inclusive, Section 4.06 and any covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Sections 1006 through 1007Article X, inclusive, Section 4.06 and any such covenants provided pursuant to Section 301(19Sections 2.01(a)(16), 901(29.01(4) or 901(79.01(7)), Section 6.01(a)(6) and 6.01(a)(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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

Samples: Indenture (Tanzanian Gold 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, Securities as the case may be, (1) the Company shall be released from its obligations under Sections 1006 through 1007Section 7.04, inclusiveSection 8.01(3), Section 10.06, Section 10.07 and any covenants provided pursuant to Section 301(193.01(23), 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(45.01(4) (with respect to any of Sections 1006 through 1007Section 8.01, inclusiveSection 10.06, Section 10.07 and any such covenants provided pursuant to Section 301(19), 901(29.01(2) or 901(79.01(7)), and 5.01(5) through 5.01(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) 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

Samples: Indenture (Bowater 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 Sections 1006 through 1007801, inclusive1010 and 1011 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 covenants provided pursuant to Section 301(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 Section 501(4) (with respect to Sections 801, 1010 and 1011 and any of other Sections 1006 through 1007, inclusiveor covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision, and any such covenants provided pursuant to Section Sections 301(19), 901(2) or 901(7)), ) and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)) 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

Samples: Indenture (Arch Coal 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 1006 through 10071004, inclusive1005, 1008 or 1009 and any covenants provided pursuant to Section 301(19301(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(4501(5) (with respect to any of Section 801(3), Sections 1006 through 10071004, inclusive1005, 1008 or 1009 and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(6) and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Indenture (Alco Standard 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 1006 through 10071009, inclusive, and any covenants provided pursuant to Section 301(19301(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(4) (with respect to any of Section 801(3), Sections 1006 through 10071009, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Indenture (Pharmacia & Upjohn 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 1006 through 10071013, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders - 77 - of such Securities and (2) the occurrence of any event specified in Sections 501(4), 501(5) (with respect to any of Section 801(3), Sections 1006 through 10071013, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(6), 501(7) and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, Default in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(5)) 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

Samples: Indenture (Overseas Shipholding 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, (1i) the Company shall be released from its obligations under Sections 1006 1005 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(6) for the benefit of the Holders of such Securities and Securities, (2ii) the occurrence of any an event specified in Sections 501(4) (with respect to any of Sections 1006 1005 through 10071008, inclusive), and 501(4) (with respect to any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(5)), ) and 501(6) shall not be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section Section, on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called hereinafter, "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article Fifteen), whether directly or indirectly by 55 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

Samples: Indenture (Forest City Enterprises 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(4), Sections 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(20), 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(4) (with respect to any of Section 801(4), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), 501(5), 501(6), and 501(10) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Senior Indenture (Stone Energy Corp)

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 and each Guarantor shall be released from its their respective obligations under Section 801(3), Sections 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7)), 501(5) and 501(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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 and Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Yellow Roadway Technologies Inc)

Covenant Defeasance. Upon the Company's Issuer’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 Article IX, Sections 1006 through 10073.7 and 3.9, inclusive, and any covenants provided pursuant to Section 301(19Sections 2.3(18), 901(28.1(c) or 901(78.1(e) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(45.1(4) (with respect to any of Article IX, Sections 1006 through 10073.7 and 3.9, inclusive, and any such covenants provided pursuant to Section 301(19Sections 2.3(18), 901(28.1(c) or 901(78.1(e)), ) and 5.1(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 10.6 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and any Coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.1(4)) 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

Samples: Subordinated Indenture (Aflac 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(22), 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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(22), 901(2) ), or 901(7)), and 501(9) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Twelve shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in 61 69 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(4)) or Article FifteenTwelve, 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: Subordinated Indenture (Quanta Services 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 Sections 1006 through 1007Article Eight, inclusiveSection 7.04, and any covenants provided pursuant to Section 301(193.01(19), 901(29.01(2) or 901(79.01(7) for and any other covenants specified by the benefit terms of the Holders any series of such Securities and (2) the occurrence of any event specified in Sections 501(4Section 5.01(4) (with respect to any of Sections 1006 through 1007Article Eight, inclusiveSection 7.04, and any such covenants provided pursuant to Section 301(193.01(19), 901(29.01(2) or 901(7)), 9.01(7) and any other covenants specified by the terms of any series of Securities) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)) 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

Samples: Indenture (Kyndryl Holdings, Inc.)

Covenant Defeasance. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities Notes or any series of SecuritiesNotes, as the case may be, (1) the Company shall be released from its obligations under Section 901(3), Sections 1006 1107 through 10071108, inclusive, and any covenants provided pursuant to Section 301(19301(20), 901(21001(2), 1001(6) or 901(71001(7) and 501(8) for the benefit of the Holders of such Securities Notes and (2) the occurrence of any event specified in Sections 501(4601(4) (with respect to any of Section 901(3), Sections 1006 1107 through 10071108, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(21001(2), 1001(6) or 901(71001(7)), ) and 601(8) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case Default with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4601(4)) 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 Notes shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Arizona Public Service 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 Sections 1006 through 1007, inclusiveSection 801(3) and Section 1005, and any covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(6) for the benefit of the Holders beneficial owners of such Securities and Securities, (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 through 1007, inclusiveSection 801(3) and Section 1005, and any such covenants provided pursuant to Section 301(19301(18), 901(2) or 901(7901(6)), ) and 501 (7) shall be deemed not to be or result in an Event of Default, Default and (3) the provisions of Article Fifteen Fourteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Subordinated Indenture (Assurant 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 be6 5/8% Notes, (1i) the Company shall be released from its obligations under Section 801(a)(3), Sections 1006 1005 through 10071017, inclusive, and any covenants provided pursuant to Section 301(19(ii) payment of the Notes may not be accelerated because of an Event of Default specified in clause (4), 901(2) or 901(7) for the benefit of the Holders of such Securities and clause (2) the occurrence of any event specified in Sections 501(45) (with respect only to any of Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19Subsidiary Guarantors or Significant Subsidiaries), 901(2clause (6) (with respect only to Subsidiary Guarantors or 901(7)Significant Subsidiaries), shall be deemed not clause (7), clause (8) or clause (9) of Section 501 or because of the failure of the Company to be or result in an Event of Default, comply with Section 801(a)(3) and (3iii) the provisions of Article Fifteen Articles Fourteen through Sixteen shall cease to be effective, in each case effective with respect to such Securities the 6 5/8% Notes as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe 6 5/8% Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen, Fifteen or Sixteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article Fourteen, Fifteen or Sixteen, 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 the 6 5/8% Notes shall be unaffected thereby.

Appears in 1 contract

Samples: Second Supplemental Indenture (Newfield Exploration Co /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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(20), 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(4) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(20), 901(2) or 901(7)), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case Default with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) 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

Samples: Senior Indenture (Global Industries LTD)

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 Article X, Sections 1006 through 1007, inclusive4.06 and 4.07, and any covenants provided pursuant to Section 301(19Sections 2.01(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Article X, Sections 1006 through 1007, inclusive4.06 and 4.07, and any such covenants provided pursuant to Section 301(19Sections 2.01(16), 901(29.01(4) or 901(79.01(7)), ) and 6.01(a)(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)) 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

Samples: Indenture (American Equity Investment Life Holding Co)

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, Securities as the case may be, (1) the Company shall be released from its obligations under Section 7.04, Section 8.01(3), Sections 1006 10.06 through 100710.09, inclusive, and any covenants provided pursuant to Section 301(193.01(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(45.01(3) (with respect to any of Section 8.01, Sections 1006 10.06 through 100710.09, inclusive, and any such covenants provided pursuant to Section 301(19), 901(29.01(2) or 901(79.01(7)), and 5.01(4) through 5.01(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(3)) 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

Samples: Indenture (Bowater 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 Article Eight, Sections 704 and 1006 through 1007, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and ), (2) the occurrence of any event specified in Sections Section 501(4) (with respect to any of Article Eight, Section 704 or Sections 1006 through 1007, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), ) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article Fifteen15, 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 (Hewlett Packard Enterprise Co)

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 1006 1005 through 10071006, inclusive, and any covenants provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10071006, inclusive, and any such covenants provided pursuant to Section 301(19), 901(2) or 901(7)), and 501(7) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, Default in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)) or Article FifteenFourteen, 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.. 77

Appears in 1 contract

Samples: Indenture (Union Light Heat & Power 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 1006 through 10071008, inclusive, and any covenants provided pursuant to Section 301(19301(22), 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(4Section 501(5) (with respect to any of Section 801(3), Sections 1006 through 10071008, inclusive, and any such covenants provided pursuant to Section 301(19301(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 Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter herein called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Company, 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(4501(5)) 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

Samples: Senior Indenture (Global Ship Lease, Inc.)

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