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 Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 19 contracts

Samples: Chord Energy Corp, Indenture (Approach Resources I, LP), Indenture (Whiting Petroleum Corp)

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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 Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 16 contracts

Samples: Indenture (Gulfport Energy Corp), Chord Energy Corp, Amplify 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 shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions of Article Thirteen Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 14 contracts

Samples: Reimbursement Agreement (Maxtor Corp), Indenture (Cygnus Inc /De/), Quantum 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 Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenArticles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 11 contracts

Samples: Falcon Aero Holdings LLC, Indenture (Contango Venture Capital Corp), Indenture (Contaro Co)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081009, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081009, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 11 contracts

Samples: Indenture (Staples Inc), Indenture (Reynolds & Reynolds Co), Indenture (Medco Health Solutions Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 11 contracts

Samples: Falcon Aero Holdings LLC, Indenture (Contango Venture Capital Corp), Indenture (Contaro 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 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), Section 901(2) or Section 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), Section 901(2) or Section 901(7)), Section 501(6), Section 501(7)), Section 501(10) and Section 501(11) shall be deemed not to be or result in an Event of Default and ((3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 9 contracts

Samples: Indenture (Amplify Energy Corp.), Indenture (Chesapeake Operating LLC), Indenture (Amplify Energy 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, (1a) the Company shall be released from its obligations under Section 801(37.04, Section 8.01(c), Sections 1005 through 1008, inclusive, Section 10.05 and any covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(55.01(d) (with respect to any of Section 801(37.04, Section 8.01(c), Sections 1006 through 1008, inclusive, Section 10.05 and any such covenants provided pursuant to Section 301(213.01(u), 901(29.01(b) or 901(79.01(g)), 501(6), 501(7)), 501(10) and 501(11or 5.01(g) shall be deemed not to be or result in an Event of Default Default, and (3c) the provisions of Article Thirteen XIV shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(d)) or Article ThirteenXIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 9 contracts

Samples: Subordinated Indenture (Helix Energy Solutions Group Inc), Pioneer Energy Services Corp, Subordinated Indenture (Pioneer Drilling Co)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1503 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1503 on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 8 contracts

Samples: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), Indenture (Bay Valley Foods, LLC)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 7 contracts

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

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 through 1008, inclusive10.05, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(38.01(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(105.01(7) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen 13 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the applicable conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen, 13 whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, and such omission to comply shall not constitute an Event of Default under this Indenture or any such supplemental indenture with respect to Outstanding Securities of such series, and but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 6 contracts

Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Energy Services Puerto Rico LLC)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 6 contracts

Samples: Highland Autoplex Inc, Carriage Cemetery Services of Idaho Inc, Hanover Compressor Co /

Covenant Defeasance. Upon the CompanyCorporation’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 1005 through 10081006, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10081006, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, 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(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 5 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., 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 Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 5 contracts

Samples: Brown Tom Inc /De, Brown Tom Inc /De, Brown Tom Inc /De

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenArticles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 5 contracts

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

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 4 contracts

Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(5), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case effective with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 4 contracts

Samples: Subordinated Indenture (Newfield Exploration Co /De/), Indenture (Rf Micro Devices Inc), South Financial Group Inc

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1603 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1603 on and after the date the conditions set forth in Section 1504 1604 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 4 contracts

Samples: American Italian Pasta Co, Bay Valley Foods, LLC, Bay Valley Foods, LLC

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Hanover Compressor Co /, Spinnaker Exploration Co, Hanover Compressor Co /

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Senior Indenture (Energy XXI Gulf Coast, Inc.), Goodrich Petroleum CO LLC, Shaw Manufacturing & 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 Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), and 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

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

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(10) and 501(11Section 5.01(6) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XIV (and the provisions of the last paragraph of Section 13.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(3)) or Article ThirteenXIV or the last paragraph of Section 13.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Navistar, Inc.

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Rearden Minerals, LLC, Senior Indenture (Offshore Energy III LLC), WCR/Range GP, LLC

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.4 and any such covenants provided pursuant to Section 301(213.01(8), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7)), 501(6), 501(7)), 501(10) and 501(11Section 5.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen ARTICLE XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenXV or the last paragraph of Section 14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.), Indenture (Horsehead 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(3801(4), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3801(4), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(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), 501(7))as they relate to the Subsidiary Guarantors only, 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (34) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (Penn Virginia MC CORP), Indenture (Penn Virginia Corp), Indenture (Penn Virginia 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(38.01(3), Sections 1005 10.05 through 100810.08, inclusive, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.05 through 100810.08, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (7)), 501(65.01(6), 501(7)5.01(7), 501(105.01(10) and 501(115.01(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (Davis Petroleum Corp.), Bold Energy III LLC, NGSG Properties, Inc.

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 and each Guarantor shall be released from its their obligations under Section 801(3)801, Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3)801, Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8)), 501(6), 501(7)), 501(10) and 501(11501(5) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 3 contracts

Samples: Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange 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 Guarantors in respect of the Securities of such series shall be released from its their obligations under Section 801(3)Article 8 and Sections 10.05, Sections 1005 10.06, 10.09 through 1008, inclusive10.14, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(79.01(13) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) in respect of the Securities of such series (with respect to any of Section 801(3)Article 8 and Sections 10.05, Sections 1006 10.06, 10.09 through 1008, inclusive10.14, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(7)), 501(6), 501(7)), 501(109.01(13) and 501(11for the benefit of the Holders of such Securities) shall be deemed not to be or result in an Event of Default with respect to such series and (3) subject to the provisions satisfaction of Article Thirteen the conditions set forth in Section 13.04 hereof, Sections 5.01(3), 5.01(4), 5.01(5) and 5.01(6) hereof shall cease not constitute Events of Default with respect to be effectivesuch Series, in each case (1), (2) and (3) with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied in respect of the Securities of such series (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and the corresponding Guarantees, the Company and each Guarantor in respect of the Subsidiary Guarantors, as applicable, Securities of such series may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) Article or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Article or Section or Article or by reason of any reference in any such Article or Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: New Holland Credit Company, LLC, CNH Industrial Capital LLC

Covenant Defeasance. Upon the Company’s Operating 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 1005 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, 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(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.. The following shall be the conditions to the application of Section 1302 or Section 1303 to any applicable series of Securities or any Securities of such series, as the case may be:

Appears in 2 contracts

Samples: Vornado Realty Lp, Vornado Realty Lp

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.1(3), Sections 1005 10.5 through 100810.8, inclusive, and any covenants provided pursuant to Section 301(213.1(22), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.1(5) (with respect to any of Section 801(38.1(3), Sections 1006 10.5 through 100810.8, inclusive, and any such covenants provided pursuant to Section 301(213.1(22), 901(29.1(2) or 901(79.1(7)), 501(65.1(6), 501(7)), 501(10) and 501(115.1(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles XII, XIII and XIV shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.4 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(5)) or Article ThirteenXII, XIII or Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production 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 and the Guarantor, if applicable, shall be released from its obligations under Section 801(3)Sections 8.1, Sections 1005 through 10088.3, inclusive, 10.8 and 10.9 and any covenants provided pursuant to Section 301(213.1(o), 901(29.1(a), 9.1(c) or 901(79.1(f) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(55.1(d) (with respect to any of Section 801(3)Sections 8.1, Sections 1006 through 10088.3, inclusive, 10.8 and 10.9 and any such covenants provided pursuant to Section 301(21Sections 3.1(o), 901(29.1(a), 9.1(c) or 901(79.1(f)), 501(6Section 5.1(e), 501(7)), 501(10(f) and 501(11(j) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary GuarantorsGuarantor, as if applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Notwithstanding anything herein to the contrary, no Covenant Defeasance shall release any successor Person referred to in Article VIII from its obligations to assume the obligations of the Company and the Guarantor, as applicable, under Section 6.7 as a condition to the consummation of any transaction contemplated by Section 8.1 or 8.3, as applicable.

Appears in 2 contracts

Samples: MRM Capital Trust Iii, Mutual Risk Management LTD

Covenant Defeasance. Upon the Company’s exercise of its option (option, if any) , to have this Section 1303 applied to any Securities or any series of Securities, as the case may beor if this Section 1303 shall otherwise apply to any Securities or any series of Securities, (1) the Company and the Guarantors shall be released from its their respective obligations under Section 801(3), Sections 1005 through 1008, inclusive, 801 and any covenants provided pursuant to Section 301(21301(18), 901(2Section 901(1) or 901(7Section 901(12) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (and Section 501(8) with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 801 and any such covenants provided pursuant to Section 301(21301(18), 901(2Section 901(1) or 901(7)), 501(6), 501(7)), 501(10) and 501(11Section 901(12) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 1303 on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and Guarantees, each of the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and Guarantees shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Royalty Pharma PLC), Indenture (Royalty Pharma PLC)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Highland Autoplex Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1603 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees Guarantees, in each case with respect to such Securities as provided in this Section 1603 on and after the date the conditions set forth in Section 1504 1604 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen,, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Lear Corp, Lear Argentine Holdings Corp #2

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 and the Guarantor shall be released from its their obligations under Section 801(3)801, Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3)801, Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8)), 501(6), 501(7)), 501(10) and 501(11501(5) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: NYSE Holdings LLC, 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 paragraph (a)(4) of Section 801(3)801, paragraph (c) of Section 801, Sections 1005 through 10081006 to 1009, inclusive, Section 1011, and any covenants provided pursuant to Section 301(21), 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(5501(3) (with respect to any of paragraphs (a)(4) of Section 801(3)801, paragraph (c) of Section 801, Sections 1006 through 1008to 1009, inclusiveSection 1011, and any such covenants provided pursuant to Section 301(21901(6), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. In addition, upon the Company’s exercise of its option (if any) to have this Section applied to any Securities, Sections 501(4), and 501(7) and 501(8) hereof shall not constitute Events of Default.

Appears in 2 contracts

Samples: Senior Indenture (EAM Corp), Domtar Paper Company, 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(3801(4), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3801(4), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions occurrence of Article Thirteen any event specified in Section 501(5) or 501(6), as they relate to the Subsidiary Guarantors only, shall cease to be effectivedeemed not be or result in an Event of Default, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Senior Indenture (Penn Virginia MC CORP), Indenture (Penn Virginia Corp)

Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Section 801(38.01, Section 10.04, and such other covenants as may have been made applicable to such Defeasible Series pursuant to Sections 3.01(16), Sections 1005 through 1008, inclusive, 9.01(2) and any covenants provided pursuant to Section 301(21), 901(29.01(7) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(3), 5.01(4) (with respect to any of Section 801(3Sections 8.01 or 10.04 or such other applicable covenants referred to in the preceding clause (1), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(115.01(5) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby; provided that notwithstanding a Covenant Defeasance with respect to Section 8.01, any Person to whom a transfer, sale, lease or other disposition is made pursuant to Section 8.01, shall as a condition to such transfer, sale, lease or other disposition, assume by an indenture supplemental hereto in form satisfactory to the Trustee, executed by such successor Person and delivered to the Trustee, the obligations of the Company to the Trustee under Section 6.06 and the second to the last paragraph of Section 13.05.

Appears in 2 contracts

Samples: New York Times Co, New York Times 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)Article 8, Sections 1005 through 1008704 and 1006, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Article 8, Section 801(3), Sections 1006 through 1008704 or Section 1006, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions of Article Thirteen Fifteen (if applicable to such series of Securities) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Brocade Communications Systems Inc, Epicor Software Corp

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1004 and any covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4 ) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1004 and any such covenants provided pursuant to Section 301(21301(18), 901(2), 901(6) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenXV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.

Appears in 2 contracts

Samples: Cott USA Finance LLC, Indenture (Cott Corp /Cn/)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 10081006 and 1007, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusiveand 1007, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11the occurrence of any event specified pursuant to Section 501(3) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of pursuant to Section 501(5501(3)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Subordinated Indenture (State Street Corp), State Street Capital Trust Ii

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, 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: Cumberland Pharmaceuticals Inc, Evolution Petroleum 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 shall be released from its obligations under Section 801(3)801, Sections 1005 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3)801, Sections 1006 1005 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6501(5), 501(7)), 501(10501(6) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Healthcare Realty Trust Inc, Capstone Capital 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(38.01(3), Sections 1005 10.06 through 100810.10, inclusive, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(38.01(3), Sections 1006 10.06 through 100810.10, inclusive, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(105.01(5) and 501(115.01(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.. 46

Appears in 2 contracts

Samples: Toro Co, 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 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Whiting Petroleum Corp), Mustang Manufacturing Company, Inc.

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081009, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081009, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.. The following shall be the conditions to the application of Section 1302 or Section 1303 to any Securities or any series of Securities, as the case may be:

Appears in 1 contract

Samples: Indenture (Ust Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(38.01(3), Sections 1005 10.05 through 100810.06, inclusive, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.05 through 100810.06, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (7)), 501(65.01(6), 501(75.01(7)), 501(105.01(10) and 501(115.01(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Halcon Resources Operating, 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 in respect of the Securities of such series shall be released from its obligations under Section 801(3), Article 8 and Sections 1005 through 1008, inclusive10.05 and 10.08, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(79.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) in respect of the Securities of such series (with respect to any of Section 801(3), Article 8 and Sections 1006 through 1008, inclusive10.05 and 10.08, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(6) or 901(7)), 501(6), 501(7)), 501(109.01(10) and 501(11for the benefit of the Holders of such Securities) shall be deemed not to be or result in an Event of Default with respect to such series and (3) subject to the provisions satisfaction of Article Thirteen the conditions set forth in Section 13.04 hereof, Section 5.01(4) hereof shall cease not constitute an Event of Default with respect to be effectivesuch Series, in each case (1), (2) and (3) with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied in respect of the Securities of such series (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and in respect of the Subsidiary Guarantors, as applicable, Securities of such series may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) Article or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Article or Section or Article or by reason of any reference in any such Article or Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: CNH Industrial N.V.

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(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(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Orthalliance Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary GuarantorsCompany, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, 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: Global Ship Lease, Inc.

Covenant Defeasance. Upon the Company’s or the 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, and the Guarantees endorsed thereon, (1) the Company shall be released from its obligations under under, and the Guarantor will have no liability in respect of, Section 801(3), Sections 1005 through 1008, inclusive8.01(3) and Section 10.05, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive8.01(3) and Section 10.05, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(10) and 501(115.01(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and Guarantees, the Company may omit to comply with, and the Company and the Subsidiary Guarantors, as applicable, may omit to comply with Guarantor and shall have no liability in respect of of, any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Goldman Sachs Group Inc

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) ), or Article Thirteen, Fourteen whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section Article or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Pinnacle West Capital 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 and 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3301 to be subject to this provision), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusiveand 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision), and any such covenants Covenants provided pursuant to Section 301(21Sections 301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)501(4) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Northrop Grumman Corp /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(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case effective with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Subordinated Indenture (Global Industries LTD)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) ), or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) ), or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, 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: 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 Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(5), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Group 1 Realty Inc

Covenant Defeasance. 61- 71 Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions of Article Thirteen Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Read Rite Corp /De/

Covenant Defeasance. Upon the Company’s 's or Guarantor's exercise of its option (if any) to have this Section applied to any Securities and their related Guarantees or any series of SecuritiesSecurities and their related Guarantees, as the case may be, (1) the Company and the Guarantor shall be released from its their obligations under Section 801(3), Sections 1005 1006 through 10081009 inclusive, Sections 1011 through 1012 inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081009 inclusive, Sections 1011 through 1012 inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Sprint 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 801(38.01(3), Sections 1005 10.05 through 100810.08, inclusive, and any covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(5) (with respect to any of Section 801(38.01(3), Sections 1006 10.05 through 100810.08, inclusive, and any such covenants provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (7)), 501(65.01(6), 501(7)5.01(7), 501(105.01(10) and 501(115.01(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and 49 after the date the conditions set forth in Section 1504 15.04 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Lynden USA 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 801, 1010 and 1011 and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1005 through 1008, inclusive301 to be subject to this provision, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 501(3) (with respect to Sections 801, 1010 and 1011 and any of other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1006 through 1008, inclusive301 to be subject to this provision, and any such covenants provided pursuant to Section 301(21Sections 301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Allegheny Technologies Incorporated (Allegheny Technologies Inc)

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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, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 10081007, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Pinnacle West 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 801(3), Sections 1005 through 1008, inclusive, 10.04 and any covenants provided pursuant to Section 301(213.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 5.01(3) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 10.04 and any such covenants provided pursuant to Section 301(2162 3.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)), 501(6), 501(7)), 501(10Section 9.01(10) and 501(11Section 5.01(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen XIV (and the provisions of the last paragraph of Section 13.01) shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 12.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(3)) or Article ThirteenXIV or the last paragraph of Section 13.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (CVG Oregon, LLC)

Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 to have this Section 1303 applied to the Outstanding Securities and any Securities or Coupons appertaining thereto of any series of Securities, as the case may beDefeasible Series, (1i) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 10081007, inclusive, and any other covenants provided specified in or pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securitiesthis Indenture, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10081007, inclusive, and any such other covenants provided specified in or pursuant to Section 301(21this Indenture), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities series and Subsidiary Guarantees any Coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series and any Coupons appertaining thereto shall be unaffected thereby.

Appears in 1 contract

Samples: Dole Food Co Inc

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(213.01(16) (as it relates to Article 10), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such the covenants provided pursuant to Section 301(213.01(6), 901(29.01(2) or 901(79.01(7)), 501(65.01(5), 501(7)5.01(6), 501(10) and 501(115.01(10) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Thirteen and Fifteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 16.04 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.01(4)) or Article ThirteenThirteen or Article Fifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Primero Gas Marketing Co Inc)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, Section1101(c) and any covenants provided pursuant to Section 301(21), 901(21201(b) or 901(71201(f) for the benefit of the Holders of such Securities, ; (2) the provisions of Article Fifteen shall cease to be effective; and (23) the occurrence of any event specified in Sections 501(5Section 801(c) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1101(c) and any such covenants provided pursuant to Section 301(21), 901(21201(b) or 901(7)), 501(6), 501(7)), 501(101201(f) and 501(11801(f) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5801(c)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Securities issued to a Trust will not be subject to Covenant Defeasance.

Appears in 1 contract

Samples: Subordinated Indenture (Southwestern Electric Power Co)

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 and the Guarantor shall be released from its their obligations under Section 801(3)801, Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3)801, Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(24), 901(2) or 901(7901(8)), 501(6), 501(7)), 501(10) and 501(11501(5) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Intercontinental Exchange, 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 801 and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1005 through 1008, inclusive301 to be subject to this provision, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and ; (2) the occurrence of any event specified in Sections 501(5Section 501(3) (with respect to Section 801 and any of other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1006 through 1008, inclusive301 to be subject to this provision, and any such covenants provided pursuant to Section 301(21Sections 301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default Default; and (3) the provisions of Article Thirteen 14 shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such "Covenant Defeasance Defeasance" means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)501(3) or Article Thirteen14), 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 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(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(5Section 501(3) shall be deemed not to be an Event of Default, and (3) the occurence of any event specified in Section 503(2)(C) (with respect to any of Section 801(3), Sections 1006 through 1008, 1007 inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or and 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of a Default and (34) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Amsouth Bancorporation

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be 65 deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Trico Marine 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 beNotes, (1) the Company shall be released from its obligations Obligations under Section 801(3), Sections 1005 1006 through 10081007 of the Existing Indenture, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) of the Existing Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 10081007 of the Existing Indenture, inclusive, and any such covenants provided pursuant to Sections 4.1 through 4.7 of this Twentieth Supplemental Indenture or Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) of the Existing Indenture) and 501(115.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities the Notes and Subsidiary Note Guarantees as provided in this Section 6.2 on and after the date the conditions set forth in Section 1504 6.3 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Supplemental Indenture (Tenet Healthcare Corp)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1403 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21Sections 301(xviii), 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(5503(c) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21Sections 301(xviii), 901(2) or 901(7))) and, 501(6)if applicable, 501(7)), 501(10) and 501(11pursuant to 501(3) shall be deemed not to be or result in an Event of a Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section 1403 on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5503(c)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. For the avoidance of doubt, following a Covenant Defeasance with respect to any Securities or series of Securities, the Trustee may not exercise any right of the Trustee or the Holders under Section 503 with respect to such Securities or series of Securities because of a Default specified in Clause (2) of this Section 1403.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Byline Bancorp, Inc.)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, 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 (W&t Offshore Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Earthstone Operating, LLC

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10but only insofar as Sections 501(6) and 501(11501(7) relate to Subsidiary Guarantors, 501(8) and 501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Senior Indenture (Gasco Energy Inc)

Covenant Defeasance. Upon the Company’s Issuers' 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 Issuers shall be released from its obligations under Section Sections 801(3), Sections 1005 through 1008, inclusive1006 and 1007, and any covenants provided pursuant to Section 301(21301(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(5501(4) (with respect to any of Section Sections 801(3), Sections 1006 through 1008, inclusiveand 1007, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Articles Fourteen and Sixteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, 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(5501(4)) or Article ThirteenFourteen or 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 and Subsidiary Guarantees, if any, shall be unaffected thereby.

Appears in 1 contract

Samples: Iridium Facilities 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 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Senior Indenture (Gasco Energy Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 6.2 applied to any Securities or any series of Securities, as the case may beNotes, (1) the Company shall be released from its obligations Obligations under Section 801(3), Sections 1005 1006 through 10081007 of the Existing Indenture, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) of the Existing Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 10081007 of the Existing Indenture, inclusive, and any such covenants provided pursuant to Sections 4.1 through 4.7 of this Thirty-Seventh Supplemental Indenture or Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) of the Existing Indenture) and 501(115.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities the Notes and Subsidiary Note Guarantees as provided in this Section 6.2 on and after the date the conditions set forth in Section 1504 6.3 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Tenet Healthcare Corp

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: WCR/Range GP, LLC

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 6.2 applied to any Securities or any series of Securities, as the case may beNotes, (1) the Company shall be released from its obligations Obligations under Section 801(3), Sections 1005 1006 through 10081007 of the Existing Indenture, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) of the Existing Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 10081007 of the Existing Indenture, inclusive, and any such covenants provided pursuant to Sections 4.1 through 4.7 of this Thirty-First Supplemental Indenture or Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) of the Existing Indenture) and 501(115.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities the Notes and Subsidiary Note Guarantees as provided in this Section 6.2 on and after the date the conditions set forth in Section 1504 6.3 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Tenet Healthcare 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 801, 1010 and 1011 and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1005 through 1008, inclusive301 to be subject to this provision, and any covenants provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (with respect to Sections 801, 1010 and 1011 and any of other Sections or covenants applicable to such Securities that are determined pursuant to Section 801(3), Sections 1006 through 1008, inclusive301 to be subject to this provision, and any such covenants provided pursuant to Section 301(21Sections 301(19), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: 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 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(9) and 501(11501(10) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Hanover Compressor 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 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), 501(10but only insofar as Sections 501(6) and 501(11501(7) relate to Subsidiary Guarantors, 501(8) and 501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Gasco Energy Inc)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), and 501(10) and 501(11) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Carriage Cemetery Services of Idaho Inc

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 1303 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(3801(4), Section 1006, Sections 1005 1010 through 10081018, inclusive, and any covenants provided pursuant to Section 301(21)of this Indenture (or, 901(2) or 901(7) for after the benefit occurrence of the Holders Merger Event, Section 1605 and Section 1606 of such Securities, and this Indenture); (2) the occurrence of any event specified in Sections 501(3) (with respect only to the obligations under Section 801(4) and Sections 1010 and 1015), 501(4), 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such those covenants provided pursuant that are subject to Section 301(21), 901(2) or 901(7)Covenant Defeasance), 501(6), 501(7), 501(9) (with respect only to Subsidiaries) or 501(10) (with respect only to Subsidiaries) of this Indenture (or, after the occurrence of the Merger Event, Sections 1609(3) and (6) of this Indenture), 501(10) and 501(11) shall be deemed not to be or to result in an Event of Default and (3) the provisions of Article Thirteen Guarantees shall cease to be effectiveautomatically released, in each case with respect to such Securities and Subsidiary Guarantees Notes as provided in this Section 1303 on and after the date the conditions set forth in Section 1504 1304 of this Indenture are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.

Appears in 1 contract

Samples: Supplemental Indenture (Talen Energy Holdings, Inc.)

Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 10081007, inclusive, and any covenants provided pursuant to Section 301(21301(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(5Section 501(3) shall be deemed not to be an Event of Default, and (3) the occurrence of any event specified in Section 503(2)(C) (with respect to any of Section 801(3), Sections 1006 through 1008, 1007 inclusive, and any such covenants provided pursuant to Section 301(21301(18), 901(2) or and 901(7)), 501(6), 501(7)), 501(10) and 501(11) shall be deemed not to be or result in an Event of a Default and (34) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (First Tennessee National Corp)

Covenant Defeasance. Upon the Company’s Issuers’ exercise of its their option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuers shall be released from its their obligations under Section 801(3), Sections 1005 through 1008, inclusive8.01(3) and Section 10.05, and any covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and Securities (2) the occurrence of any event specified in Sections 501(55.01(4) (with respect to any of Section 801(38.01(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7)), 501(6), 501(7)), 501(10) and 501(115.01(7) shall be deemed not to be or result in an Event of Default Default, and (3) the provisions of Article Thirteen Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.04 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, 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(55.01(4)) or Article ThirteenFourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Jefferies Group Capital Finance Inc.

Covenant Defeasance. Upon the Company’s Issuer'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 be, (1) the Company Issuer shall be released from its obligations under Section Sections 801(3), ) and Sections 1005 through 10081009, inclusive, inclusive (and any covenants covenant provided pursuant to Section 301(21901(2)), 901(2) or 901(7) for PROVIDED that the benefit of the Holders of such Securities, Issuer shall not be released from its obligations to preserve and keep in full force and effect its existence under Section 1005; and (2) the occurrence of any event specified in Sections 501(5Section 501(3) (with respect to any of Section 801(3)) and Sections 1005 though 1009, Sections 1006 through 1008, inclusive, and inclusive (or to any such covenants covenant provided pursuant to Section 301(21901(2), 901(2)) or 901(7)), 501(6), 501(7)), 501(10) and 501(11Section 501(4) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1204 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in (or provided pursuant to) any such specified Section (to the extent so specified in the case of Section 501(5501(3)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Lexmark International Inc /Ky/

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, 1008 and 1010 and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 1008 and 1010 and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called “Covenant DefeasanceCOVENANT DEFEASANCE”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.” ARTICLE FIVE

Appears in 1 contract

Samples: Second Supplemental Indenture (Transatlantic Holdings Inc)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 6.2 applied to any Securities or any series of Securities, as the case may beNotes, (1) the Company shall be released from its obligations Obligations under Section 801(3), Sections 1005 1006 through 10081007 of the Existing Indenture, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) of the Existing Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 10081007 of the Existing Indenture, inclusive, and any such covenants provided pursuant to Sections 4.1 through 4.7 of this Thirty-Third Supplemental Indenture or Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) of the Existing Indenture) and 501(115.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities the Notes and Subsidiary Note Guarantees as provided in this Section 6.2 on and after the date the conditions set forth in Section 1504 6.3 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Collateral and Security (Tenet Healthcare Corp)

Covenant Defeasance. Upon the Company’s exercise of its the option (if any) of the Company and the Guarantor 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 respective obligations under Section 801(3), ) and Sections 1005 1006 through 10081009, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(5Section 501(4) (with respect to any of Section 801(3), ) and Sections 1006 through 10081009, inclusiveinclusive , and any such covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(7) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Corning Inc /Ny

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21), 901(2) or 901(7)), 501(6), 501(7)), 501(10) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: W&t Offshore Inc

Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 to have this Section 1303 applied to the Outstanding Securities and any Securities or Coupons appertaining thereto of any series of Securities, as the case may beDefeasible Series, (1i) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 10081007, inclusive, and any other covenants provided specified in or pursuant to Section 301(21), 901(2) or 901(7) for the benefit of the Holders of such Securitiesthis Indenture, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3), Sections 1006 1005 through 10081007, inclusive, and any such other covenants provided specified in or pursuant to Section 301(21this Indenture), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(5) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to the Outstanding Securities of such Securities series and Subsidiary Guarantees any Coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1504 1304 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series and any Coupons appertaining thereto shall be unaffected thereby.

Appears in 1 contract

Samples: Southwest Gas 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 Section 801(3), Sections 1005 through 1008, inclusive, 8.1 and 10.8 and any covenants provided pursuant to Section 301(21), 901(23.1(n) or 901(7Section 9.1(a) or (c) for the benefit of the Holders of such Securities, Securities and (2b) the occurrence of any event specified in Sections 501(5Section 5.1(d) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, 8.1 or 10.8 and any such covenants provided pursuant to Section 301(21), 901(23.1(n) or 901(7Section 9.1(a) or (c)), 501(6Section 5.1(e), 501(7)), 501(10(f) and 501(11or (i) or Section 9.1(d) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 13.4 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenSection, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Notwithstanding anything herein to the contrary, no Covenant Defeasance shall release any successor Person referred to in Article VIII from its obligations to assume the obligations of the Company under Section 6.7 as a condition to the consummation of any transaction contemplated by Section 8.1.

Appears in 1 contract

Samples: MRM Capital Trust Iii

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), ) and Sections 1005 1006 through 1008, inclusive, and the Company and the Guarantors shall be released from their respective obligations under any covenants provided pursuant to Section 301(21)301, 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(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21)301, 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 Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve), 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: Global Ship Lease 13 LTD

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(3801(4), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5501(4) (with respect to any of Section 801(3801(4), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(5), 501(6), 501(7)), 501(10) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen Twelve shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 1404 are satisfied (herein hereinafter called "Covenant Defeasance"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5501(4)) or Article ThirteenTwelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Subordinated Indenture (Stone Energy Corp)

Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1401 applicable to have this Section applied to any Securities or any series of Securities, as the case may be1403, (1a) the Company and the Notes Guarantors shall be released from its their obligations under Section 801(3), Sections 1005 through 1008, 1019 inclusive, Section 1306 and any covenants provided pursuant to clause (a)(4) of Section 301(21)801, 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2b) the occurrence of any an event specified in Sections 501(5501(a)(3) (with respect to clause (a)(4) of Section 801), 501(a)(4) (with respect to any of Section 801(3), Sections 1006 1008 through 10081014, inclusive, Sections 1016, 1018 and any such covenants provided pursuant to Section 301(211306 and Article Eleven), 901(2) or 901(7)501(a)(5), 501(6501(a)(6), 501(7)501(a)(7) (with respect to Significant Subsidiaries or Restricted Subsidiaries that individually or in the aggregate would constitute a Significant Subsidiary), 501(10and 501(a)(8) and 501(11) through 501(a)(10), inclusive, shall not be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectivehereinafter, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”"covenant defeasance"). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to such Securities, that the Company and the Subsidiary Guarantors, as applicable, its Restricted Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) Section, Clause or Article ThirteenArticle, whether directly or indirectly by reason of any reference elsewhere herein to any such Section Section, Clause or Article or by reason of any reference in any such Section Section, Clause or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.

Appears in 1 contract

Samples: Indenture (Sanmina-Sci Corp)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 1005 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(22), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Article Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Rearden Minerals, 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 beNotes, (1) the Company shall be released from its obligations Obligations under Section 801(3), Sections 1005 1006 through 10081007 of the Existing Indenture, inclusive, and any covenants provided pursuant to Section 301(21301(18), 901(2) or 901(7) of the Existing Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(55.1(4) (with respect to any of Section 801(3), Sections 1006 through 10081007 of the Existing Indenture, inclusive, and any such covenants provided pursuant to Sections 4.1 through 4.7 of this Eleventh Supplemental Indenture or Section 301(21301(18), 901(2) or 901(7)), 501(6), 501(7)), 501(10) of the Existing Indenture) and 501(115.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Thirteen shall cease to be effectiveDefault, in each case with respect to such Securities the Notes and Subsidiary Note Guarantees as provided in this Section 6.2 on and after the date the conditions set forth in Section 1504 6.3 are satisfied (herein hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Subsidiary Guarantors, as applicable, Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(55.1(4)) or Article Thirteen), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.

Appears in 1 contract

Samples: Supplemental Indenture (Tenet Healthcare Corp)

Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1005 1006 through 1008, inclusive, and any covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(5) (with respect to any of Section 801(3), Sections 1006 through 1008, inclusive, and any such covenants provided pursuant to Section 301(21301(20), 901(2) or 901(7)), 501(6), 501(7)), 501(10501(8) and 501(11501(9) shall be deemed not to be or result in an Event of Default and (3) the provisions of Article Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities and Subsidiary Guarantees as provided in this Section on and after the date the conditions set forth in Section 1504 are satisfied (herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(5)) or Article ThirteenTwelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.

Appears in 1 contract

Samples: Offshore Energy III LLC

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