Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 7 contracts
Samples: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 801 and Section 11.07802 and Sections 1006 through 1010, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section 14.03 with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 10.05 and Section 11.0710.06, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (97) of Section 6.01 5.01 or otherwise, as the case may be, otherwise but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (New Pacific Metals Corp), Indenture (IM Cannabis Corp.), Indenture (Energy Fuels Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1, 9.4 and Section 11.079.5, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.4 and 9.5, or such covenantsother specified covenant, and the operation of Sections 5.1(3) and 5.1(6), but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Know Labs, Inc.), Indenture (Exact Sciences Corp), Indenture (Akoustis Technologies, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1, 9.4 and Section 11.079.5, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.4 and 9.5, or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (Aol Time Warner Inc), Indenture (America Online Inc), Indenture (Amr Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 11.06 Sections 7.4, 8.1(2), 10.5 and Section 11.07, and, if 10.6 and any other covenants to be applicable to the Securities of a series as specified pursuant to Section 3.013.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or Event of Default under Section 5.1), its obligations under and the occurrence of any event described in Section 5.1(4), (5) and (8) and any other covenantevents of default to be applicable to the Securities of a series as specified pursuant to Section 3.1 unless specified otherwise pursuant to such Section shall not constitute a default or Event of Default hereunder, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection with respect to it, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Wright Medical Group N.V.), Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesand after the date the conditions set forth below are satisfied, the Company shall be released from its obligations under Section 11.06 10.05 and Section 11.07, and, if specified 10.06 and under any additional or substitute covenant established with respect to the Securities of any series pursuant to Section 3.013.01(18) if the Securities of such series have been determined pursuant to Section 3.01 to be subject to this provision (with Section 10.05, its obligations under Section 10.06 and any other covenantsuch additional or substitute covenant referred to herein as a "Defeasable Covenant"), and the occurrence of an event specified in Section 5.01(d) with respect to such Defeasable Covenant shall not be deemed to be an Event of Default with respect to the Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 are satisfied of such series (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, Defeasable Covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Defeasable Covenant or by reason of any reference in any such covenant Defeasable Covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Following a covenant defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default specified in Section 5.01(e) or Section 5.01(f) or by reference to Section 5.01(d) and such Defeasable Covenant.
Appears in 5 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 801 and Section 11.07802 and Sections 1006 and 1007, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 10.05 and Section 11.0710.06, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 13.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) 8) of Section 6.01 5.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and 9.5 through Section 11.079.7, and, if specified pursuant to Section 3.013.1, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 13.4 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(1)(c) or (9Section 5.1(1)(f) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (VIQ Solutions Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1 and Section 11.079.4, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1 and 9.4, or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (At&t Wireless Services Inc), Indenture (Esterline Technologies Corp), Indenture (At&t Wireless Services Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 8.3 of the above option applicable to this Section with respect to any Securities of or within a series8.5, the Company shall be released from its obligations under Sections 4.2 and 4.3 and Article V and such other provisions as may be provided as contemplated by Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 2.3(a) with respect to such Outstanding Securities of a particular series and any related coupons with respect to the Defeased Securities on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “hereinafter "covenant defeasance”"), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be “Outstanding” not "outstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision provisions herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, 6.1 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Apartment Investment & Management Co), Indenture (Apartment Investment & Management Co), Indenture (Apartment Investment & Management Co)
Covenant Defeasance. Upon the CompanyCorporation’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Corporation shall be released from its obligations under Section 11.06 803 and Section 11.07, Sections 1006 through 1008 inclusive and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company Corporation may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Encana Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable provided under Section 11.01 hereof to this Section obtain a covenant defeasance with respect to any the outstanding Securities of or within a seriesparticular series under this Section 11.03, the Company shall be released from its obligations under Section 11.06 the covenants contained in Article 4 and Section 11.07, and, if specified pursuant 9.01 hereof and the covenants contained in any supplemental indenture applicable to Section 3.01, its obligations under any other covenantsuch series, with respect to the outstanding Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the outstanding Securities and any related couponsof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9) with respect to outstanding Securities of Section 6.01 or otherwise, as the case may besuch series, but, except as specified above, the remainder of this Indenture and of the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Thomas Properties Group Inc), Indenture (Thomas Properties Group Inc), Indenture (Dendreon Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.071007, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons Coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons Coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related couponsCoupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)
Covenant Defeasance. Upon the Company’s ’ s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesNotes, the Company shall be released from its obligations under Section 11.06 Sections 4.06, 4.07 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons 4.08 on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons Notes shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenantscovenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 6.01(a)(3) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Notes shall be unaffected thereby. Following a covenant defeasance, payment of such Notes may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 14.03.
Appears in 4 contracts
Samples: Supplemental Indenture (Gladstone Capital Corp), Fourth Supplemental Indenture (Gladstone Capital Corp), Third Supplemental Indenture (Gladstone Capital Corp)
Covenant Defeasance. Upon At the option of the Company’s exercise of the above option applicable , pursuant to this Section with respect to any Securities of or within a seriesBoard Resolution, the Company and the Guarantors, if any, shall be released from its their respective obligations under Section 11.06 Sections 4.2 through 4.4 hereof, inclusive, Sections 4.6 through 4.17 hereof, inclusive, and Section 11.07, and, if specified pursuant to 4.23 and clauses (iii) and (iv) of Section 3.01, its obligations under any other covenant, 5.1 hereof with respect to such Outstanding Securities and any related coupons the outstanding Senior Notes on and after the date the conditions set forth in Section 15.04 9.4 hereof are satisfied (hereinafter, “covenant defeasance”), "Covenant Defeasance") and such Securities and any related coupons the Senior Notes shall thereafter be deemed to not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or consent, declaration or Act act of the Holders (and the consequences of any thereof) in connection with such covenants, covenants but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related coupons, that the Company and the Guarantors, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section or portion thereof, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant specified Section or portion thereof or by reason of any reference in any such covenant specified Section or portion thereof to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons the Senior Notes shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Mariner Post Acute Network Inc), Indenture (Superior Telecommunications Inc), Indenture (Mariner Health Care Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 7.1, 9.4 and 9.7 (and with respect to Section 11.06 and 9.6, shall be required to certify only with respect to those covenants not defeased pursuant to this Section 11.07, 4.5) and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.4 and 9.7 or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.1(3) or 5.1(7), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Federal Mogul Corp), Indenture (Federal Mogul U K Holdings Inc), Indenture (Federal Mogul Corp)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07Sections 1006 through 1008, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Indenture (Cendant Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 10.6 and Section 11.0710.7, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 10.4 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (9Section 5.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Section 11.06 and Section 11.07, anddeemed to have been discharged from, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any request, demand, authorization, notice, direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 11.06 Sections 8.03, 10.04 and Section 11.0710.05, and, if specified pursuant to Section 3.01, the Company shall be released from its obligations under any other covenant, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 8.03, 10.04 or 10.05, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5subsection 5.01(4) or (9subsection 5.01(7) of Section 6.01 or otherwisethis Indenture, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Ford Motor Co), Indenture (Ford Motor Co), Indenture (Ford Motor Co)
Covenant Defeasance. Upon the Company’s 's exercise under Section 4.01 hereof of the above option applicable to the Defeased Notes pursuant to this Section with respect to any Securities of or within a series4.03, the Company shall be released from its obligations under Section 11.06 any covenant or provision contained in Sections 10.06 through 10.22, 10.25 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant10.26 hereof and the provisions of Article Eight shall not apply, with respect to such Outstanding Securities and any related coupons the Defeased Notes, on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons the Defeased Notes shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSections or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(iii) or (9iv) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Defeased Notes shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.0710.06, and, if specified pursuant to Section 3.01, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 10.06, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(iv) or (95.01(vii) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 14.03.
Appears in 3 contracts
Samples: Indenture (Ares Capital Corp), Indenture (Garrison Capital Inc.), Indenture (Golub Capital BDC, Inc.)
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Sections 9.5 through 9.7, and, if specified pursuant to Section 3.013.1, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 13.4 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(4) or (9Section 5.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 10.06 and Section 11.0710.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 5.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Zymeworks Inc.), Indenture (Zymeworks Inc.), Indenture (Pretium Resources Inc.)
Covenant Defeasance. Upon the Company’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1, 9.4 (other than the Company’s obligation to maintain its corporate existence), 9.5 and Section 11.07, 9.6 and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.4 (other than the Company’s obligation to maintain its corporate existence), 9.5 and 9.6 and any such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 3 contracts
Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 1401 of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 1006 and Section 11.071007, and, and if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp)
Covenant Defeasance. Upon the Company’s exercise under Section 10.1 hereof of the above option applicable to this Section 10.3 with respect to any the Outstanding Securities of or within a any series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified any covenants provided pursuant to Section 3.013.1(18) and the covenants contained in Sections 6.5, its obligations under any other covenant6.7, 6.9 and 6.10 and Article VII hereof with respect to such all Outstanding Securities and any related coupons as to which this option provided in Section 10.1 is exercised, on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and such Outstanding Securities and any related coupons shall thereafter be deemed not to be “Outstanding” Outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” Outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding the Outstanding Securities and of any related couponsseries as to which the Covenant Defeasance has occurred, the Company may omit shall not need to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant with respect to such Securities, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 8.1(iii) or (9) of Section 6.01 or otherwise, as the case may bewith respect to such Securities, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Sally Beauty Holdings, Inc.), Indenture (Mohawk Industries Inc), Indenture (Mohawk Industries Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable provided under Section 12.01 hereof to this Section obtain a covenant defeasance with respect to any the outstanding Securities of or within a seriesparticular series under this Section 12.03, the Company and any Guarantors shall be released from its their obligations under Section 11.06 the covenants contained in Article 4 and Section 11.07, and, if specified pursuant 10.01 hereof and the covenants contained in any supplemental indenture applicable to Section 3.01, its obligations under any other covenantsuch series, with respect to the outstanding Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the outstanding Securities and any related couponsof such series, the Company or any Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9Section 5.01(g) with respect to outstanding Securities of Section 6.01 or otherwise, as the case may besuch series, but, except as specified above, the remainder of this Indenture and of the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Valeritas Holdings Inc.), Indenture (Lion Biotechnologies, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07, Sections 1006 through 1008 inclusive and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”"COVENANT DEFEASANCE"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "OUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable provided under Section 12.01 hereof to this Section obtain a covenant defeasance with respect to any the outstanding Securities of or within a seriesparticular series under this Section 12.03, the Company shall be released from its obligations under Section 11.06 the covenants contained in Article 4 and Section 11.07, and, if specified pursuant 10.01 hereof and the covenants contained in any supplemental indenture applicable to Section 3.01, its obligations under any other covenantsuch series, with respect to the outstanding Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the outstanding Securities and any related couponsof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9) with respect to outstanding Securities of Section 6.01 or otherwise, as the case may besuch series, but, except as specified above, the remainder of this Indenture and of the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Home Depot Inc), Indenture (Home Depot Inc), Indenture (Honeywell International Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 1401 of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 1006 and Section 11.071007, and, and if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Atmos Energy Corp), Indenture (Atmos Energy Corp), Indenture (Oneok Inc /New/)
Covenant Defeasance. Upon the Company’s or the Guarantor’s exercise of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall or the Guarantor, as applicable, will be released from its obligations under Section 11.06 Sections 801, 1005, 1006 and Section 11.071007, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall will thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 801, 1005, 1006 and 1007, or such covenantsother covenant, but shall will continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company or the Guarantor, as applicable, may omit to comply with and shall will have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall will not constitute a Default default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall will be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Otis Worldwide Corp), Indenture (Highland Holdings S.a r.l.)
Covenant Defeasance. Upon the Company’s Issuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Section 11.06 and Section 11.07Sections 1004 to 1011, inclusive, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with any such covenantscovenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5Section 501(d) or (9501(h) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)
Covenant Defeasance. Upon the Company’s 's exercise under Section 8.03 of the above option applicable to this Section with respect to any Securities of or within a series8.05, the Company shall be released from its obligations under Sections 4.02, 4.03, 4.06 and 4.07 and Article 5 and such other provisions as may be provided as contemplated by Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 2.03 with respect to such Outstanding Securities of a particular series and any related coupons with respect to the Defeased Securities on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “hereinafter "covenant defeasance”"), and such the Defeased Securities and any related coupons shall thereafter be deemed not ------------------- to be “Outstanding” not "outstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any consequences, if any, thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision provisions herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Section 11.06 Sections 8.1 and Section 11.078.2 and Sections 3.5, 3.7, 3.9 and 3.10 and, if specified pursuant to Section 3.012.3, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 12.4 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act other acts of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 4.1(c) or (9Section 4.1(h) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Becton Dickinson & Co), Indenture (Cardinal Health Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities of or within a series, (1) the Company shall be released from its obligations under Sections 801, Sections 1006 and 1007, and any covenants provided pursuant to 901(5) for the benefit of the Holders of such Securities; and (2) the occurrence of any event specified in Sections 501(3) (with respect to any of Section 11.06 801, Sections 1006 and Section 11.071007, and, if specified and any such covenants provided pursuant to Section 3.01901(5)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons as provided in this Section on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “covenant defeasance”hereinafter called "Covenant Defeasance"), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section (to the extent so specified in the case of Section 501(3)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 801, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, conveyance, transfer or lease contemplated thereby, to assume the obligations of the Company to the Trustee under Sections 607 and 1205.
Appears in 2 contracts
Samples: Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)
Covenant Defeasance. Upon the Company’s exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 8.01, Section 10.06 and Section 11.07, and, if specified any covenants provided pursuant to Section 3.019.01(ii) for the benefit of the Holders of such Securities shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons as provided in this Section on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 8.01, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, conveyance or transfer contemplated thereby, to assume the obligations of the Company to the Trustee under Sections 6.07 and 14.05.
Appears in 2 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable provided under Section 12.01 hereof to this Section obtain a covenant defeasance with respect to any the outstanding Securities of or within a seriesparticular series under this Section 12.03, the Company shall be released from its obligations under Section 11.06 the covenants contained in Article 4 and Section 11.07, and, if specified pursuant 10.01 hereof and the covenants contained in any supplemental indenture applicable to Section 3.01, its obligations under any other covenantsuch series, with respect to the outstanding Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”Covenant Defeasance’’), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the outstanding Securities and any related couponsof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9) with respect to outstanding Securities of Section 6.01 or otherwise, as the case may besuch series, but, except as specified above, the remainder of this Indenture and of the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Lexmark International Inc /Ky/), Indenture (Lexmark International Inc /Ky/)
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Sections 905 through 907, and, if specified pursuant to Section 3.01301, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Field Trip Health Ltd.), Indenture (Fortuna Silver Mines Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.0710.06, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 10.06, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(4) or (95.01(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default by reference to such Sections specified above in this Section 15.03.
Appears in 2 contracts
Samples: Indenture (TCP Capital Corp.), Indenture (TCP Capital Corp.)
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and 905 through Section 11.07907, and, if specified pursuant to Section 3.01301, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)
Covenant Defeasance. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company and the Subsidiary Guarantors shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any covenant or provision contained in Section 10.04 (other covenantthan with respect to the Company) and Sections 10.05 through 10.20 and the provisions of Article Eight shall not apply, with respect to such Outstanding Securities and any related coupons the Defeased Notes on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”"COVENANT DEFEASANCE"), and such Securities and any related coupons the Notes shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenantscovenants or provisions, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Notes, the Company and the Subsidiary Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenant or provision, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or provision or by reason of any reference in any such covenant or provision to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be5.01, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Outstanding Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 13.01 applicable to this Section with respect to any Securities of or within a seriesSection, (i) the Company shall be released from its obligations with respect to the Securities of such series under Section 11.06 8.01, Section 10.06 and Section 11.0710.07, and, if specified and any covenants provided pursuant to Section 3.01 for the benefit of the Holders of such Securities (unless otherwise so provided pursuant to Section 3.01), its obligations under any other covenant, (ii) the occurrence of an event specified in Sections 5.01(3) or (4) shall not be deemed to be an Event of Default with respect to the Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”)satisfied, and (iii) the Securities of such Securities and any related coupons shall series will thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “Outstanding” for all other purposes hereunderhereunder (hereinafter, "Covenant Defeasance"). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to the Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, Section or clause whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or clause or by reason of any reference in any such covenant Section or clause to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option specified in Section 4.03 applicable to this Section with respect to any Securities of or within a any series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, 8.01 and, if specified pursuant to Section 3.01, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.06 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 8.01 or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5Section 5.01(d) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Nationwide Financial Services Inc/), Junior Subordinated Indenture (Nationwide Financial Services Inc/)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its any obligations under Section 11.06 and Section 11.07, and, if any covenant specified pursuant to Section 3.01, its obligations under any other covenant301, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenantscovenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Indenture (Pseg Fossil LLC)
Covenant Defeasance. Upon the Company’s exercise under Section 15.1 of the above option applicable to this Section with respect to any Securities of or within a series15.3, the Company and each Guarantor shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their obligations under any other covenantcovenant or provision contained or referred to in Sections 10.8 through 10.17, inclusive, and the provisions of clause (iii) of Section 8.1(a), with respect to such Outstanding Securities and any related coupons the Defeased Securities, on and after the date the conditions set forth in Section 15.04 15.4 below are satisfied (hereinafter, “covenant defeasance”), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.1(c), (5d) or (9f) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07, Sections 1006 through 1008 inclusive and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07Sections 1006 through 1009, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on (i) On and after the date the conditions set forth in Section 15.04 clause (ii) below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (Company and the consequences Guarantor shall be released from their respective obligations under Sections 3.4, 3.5, 3.6, 3.9, 3.10, 3.11, 4.3, 9.1(c), and, to the extent specified pursuant to Section 2.3 with respect to the Securities of a particular Series, any thereofother covenant applicable to such Series and Events of Default specified in Sections 5.1 (c), (d), (e), (f) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunderor (i). For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company and the Guarantor may omit to comply with with, and shall have no liability in respect of of, any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(c) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and Indenture, such Securities and any related coupons the Guarantee in respect thereof shall be unaffected thereby.
(ii) The following shall be the conditions to application of clause (i) above to any Outstanding Securities of or within a Series:
(A) The Company or the Guarantor shall irrevocably have deposited or caused to be deposited with the Trustee (or another Trustee satisfying the requirements of Section 6.9 who shall agree to comply with the provisions of this Section 10.1(b) applicable to it) as trust funds in trust for the purpose of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of such Securities, (1) an amount in the required Currency in which such Securities are then specified as payable, or (2) Government Obligations applicable to such Securities (determined on the basis of the Currency in which such Securities are then specified as payable) which through the scheduled payment of principal and interest in respect thereof in accordance with their terms will provide, not later than one day before the due date of any payment of principal of and interest, if any, on such Securities, money in an amount, or (3) a combination thereof, in any case, in an amount, sufficient, without consideration of any reinvestment of such principal and interest, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay and discharge, and which shall be applied by the Trustee (or other qualifying Trustee) to pay and discharge, (y) the principal of, interest on and any Additional Amounts on such Outstanding Securities at the Maturity (which may be a Redemption Date) of such principal or installment of principal or interest or any Additional Amounts and (z) any mandatory sinking fund payments or analogous payments applicable to such Outstanding Securities on the days on which such payments are due and payable in accordance with the terms of this Indenture, of such Securities and the Guarantee in respect thereof;
(B) such covenant defeasance shall not result in a breach or violation of, or constitute a default under, this Indenture or any other material agreement or instrument to which the Company or the Guarantor is a party or by which either of them is bound (other than a default under this Indenture arising from the borrowing of funds to make such deposit);
(C) no Event of Default or event which with notice or lapse of time or both would become an Event of Default with respect to such Securities shall have occurred and be continuing on the date of such deposit and at any time during the period ending on the 123rd day after the date of such deposit (it being understood that this condition shall not be deemed satisfied until the expiration of such period);
(D) the Company or the Guarantor shall have delivered to the Trustee an Opinion of Counsel to the effect that the Holders of such Outstanding Securities will not recognize income, gain or loss for U.S. federal income tax purposes as a result of such covenant defeasance and will be subject to U.S. federal income tax on the same amounts, in the same manner and at the same times as would have been the case if such covenant defeasance had not occurred;
(E) the Company or the Guarantor shall have delivered to the Trustee an Opinion of Counsel to the effect that, after the 123rd day after the date of deposit, all money and Government Obligations (including the proceeds thereof) deposited or caused to be deposited with the Trustee (or other qualifying Trustee) pursuant to this clause (ii) to be held in trust will not be subject to any case or proceeding (whether voluntary or involuntary) in respect of the Company or the Guarantor under any U.S. federal or state bankruptcy, insolvency, reorganization or other similar law, or any decree or order for relief in respect of the Company or the Guarantor issued in connection therewith;
(F) the Company or the Guarantor shall have delivered to the Trustee an Officers’ Certificate or Guarantor’s Officer’s Certificate, as the case may be, and an Opinion of Counsel, each stating that all conditions precedent to the covenant defeasance under clause (b) of this Section 10.1 have been complied with; and
(G) notwithstanding any other provisions of this Section 10.1(b), such defeasance shall be effected in compliance with any additional or substitute terms, conditions or limitations which may be imposed on the Company or the Guarantor in connection therewith pursuant to Section 2.3.
Appears in 2 contracts
Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD)
Covenant Defeasance. Upon the Company’s 's exercise under Section 8.3 of the above option applicable to this Section with respect to any Securities of or within a series8.5, the Company shall be released from its obligations under Sections 4.2 and 4.3 and Article V and such other provisions as may be provided as contemplated by Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 2.3(a) with respect to such Outstanding Securities of a particular series and any related coupons with respect to the Defeased Securities on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “hereinafter "covenant defeasance”"), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be “Outstanding” not "outstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision provisions herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, 6.1 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Walt Disney Co/), Indenture (Litton Industries Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 11.06 Sections 8.03, 10.04 and Section 11.0710.05, and, if specified pursuant to Section 3.01, the Company shall be released from its obligations under any other covenant, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 8.03, 10.04 or 10.05, or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5subsection 5.01(4) or (9subsection 5.01(7) of Section 6.01 or otherwisethis Indenture, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Ford Motor Co), Indenture (Ford Motor Co)
Covenant Defeasance. Upon the Company’s exercise under Section 11.1 hereof of the above option applicable to this Section with respect to any Securities of or within a series11.3, the Company and, if applicable, each Subsidiary Guarantor shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any other covenantcovenant contained in Article VII, in Sections 9.5 through 9.7 and in Section 12.2 hereof with respect to such the Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such the Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Securities, the Company and, if applicable, each Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 4.1(c) or (94.1(d) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Comstock Oil & Gas GP, LLC), Indenture (Comstock Resources Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities of or within a series, (1) the Company shall be released from its obligations under Sections 801, Sections 1006 and 1007, and any covenants provided pursuant to 901(5) for the benefit of the Holders of such Securities; and (2) the occurrence of any event specified in Sections 501(3) (with respect to any of Section 11.06 801, Sections 1006 and Section 11.071007, and, if specified and any such covenants provided pursuant to Section 3.01901(5)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons as provided in this Section on and after the date the conditions set forth in Section 15.04 1204 are satisfied (hereinafter, “covenant defeasance”hereinafter called "Covenant Defeasance"), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section (to the extent so specified in the case of Section 501(3)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 801, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, conveyance, transfer or lease contemplated thereby, to assume the obligations of the Company to the Trustee under Sections 607 and 1205.
Appears in 2 contracts
Samples: Senior Indenture (Principal Financial Group Inc), Senior Indenture (Principal Financial Group Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section with respect 12.03 applied to the Notes of any Securities of or within a series, series (1) the Company shall be released from its obligations under Section 11.06 Sections 6.01 and Section 11.07, and, if specified 3.11 and any covenants provided pursuant to Section 3.018.01(c) or 2.02 for the benefit of the Holders of such Notes; and (2) the occurrence of any event specified in Section 5.01(c) (with respect to Sections 6.01 and 3.11 and any such covenants provided pursuant to Section 8.01(c) or 2.02) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons Notes as provided in this Section 12.03 on and after the date the conditions set forth in Section 15.04 12.04 are satisfied (hereinafter, “covenant defeasance”hereinafter called "Covenant Defeasance"), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section (to the extent so specified in the case of Section 5.01(c)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons Notes shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 6.01, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, amalgamation, conveyance, transfer or lease contemplated thereby, to assume the obligations of the Company to the Indenture Trustee under Sections 7.10 and 12.05.
Appears in 2 contracts
Samples: Indenture (Governor & Co of the Bank of Ireland), Indenture (Governor & Co of the Bank of Ireland)
Covenant Defeasance. Upon the Company’s exercise under Section 11.1 hereof of the above option applicable to this Section with respect to any Securities of or within a series11.3, the Company and each Subsidiary Guarantor shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any other covenantcovenant contained in Section 9.5 hereof, in Sections 9.8 through 9.20 hereof and in clauses (c) and (e) of Section 7.1 hereof with respect to such the Outstanding Securities and any related coupons Notes on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons the Notes shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Notes, the Company and each Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.1(c), (55.1(d) or (95.1(e) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Fourth Supplemental Indenture (Comstock Oil & Gas GP, LLC), Third Supplemental Indenture (Comstock Oil & Gas GP, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 13.01 applicable to this Section with respect to any Securities of or within a seriesSection, (i) the Company shall be released from its obligations with respect to the Securities of such series under Section 11.06 8.01, Section 10.06 and Section 11.0710.07, and, if specified and any covenants provided pursuant to Section 3.01 for the benefit of the Holders of such Securities (unless otherwise so provided pursuant to Section 3.01), its obligations under any other covenant, (ii) the occurrence of an event specified in Sections 5.01(3) or (4) shall not be deemed to be an Event of Default with respect to the Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”)satisfied, and (iii) the Securities of such Securities and any related coupons shall series will thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall will continue to be deemed “Outstanding” for all other purposes hereunderhereunder (hereinafter, "covenant defeasance"). For this purpose, such covenant defeasance means that, with respect to the Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, Section or clause whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or clause or by reason of any reference in any such covenant Section or clause to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company and the Guarantor shall be released from its their respective obligations under Section 11.06 Sections 501 (5), 1005 and Section 11.07, 1006 and, if specified pursuant to Section 3.01301, its their respective obligations under any other covenant, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), ) and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes purpose of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 501 (5), 1005 and 1006 or such other covenants, but shall continue to be deemed “Outstanding” Outstanding for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses Sections 501 (4), 501 (5) or ), 501 (9) of Section 6.01 8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 12.1 hereof of the above option applicable to this Section with respect to any Securities of or within a series12.3, the Company and each Subsidiary Guarantor shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any other covenantcovenant contained in Article VIII, in Sections 10.5 through 10.19 and in Section 13.2 hereof with respect to such the Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such the Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Securities, the Company and each Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(c) or (95.1(d) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: First Supplemental Indenture (KCS Energy Inc), Indenture (KCS Medallion Resources Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07, Sections 1006 through 1009 inclusive and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”"COVENANT DEFEASANCE"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "OUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Precision Drilling Corp), Indenture (Petro Canada)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 803, 1006 and Section 11.07, 1007 and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 803 or 1006, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)
Covenant Defeasance. Upon the Company’s 's exercise under Section 1301 of the above option applicable to this Section with respect to any Securities of or within a series1303, the Company and the Subsidiary Guarantors, if any, shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any other covenant, covenant contained in Section 801(c) and Section 803 and in Sections 1007 through 1017 with respect to such the Outstanding Securities and any related coupons Notes on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons the Notes shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Notes, the Company and the Subsidiary Guarantors, if any, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be501, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Notes shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s 's exercise under Section 1501 of the above option applicable to this Section 1503 with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 1006 and Section 11.071007, and, and if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1504 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(3) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)
Covenant Defeasance. Upon the Company’s exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities of or within a series, (1) the Company shall be released from its obligations under Section 11.06 8.01 and any covenants provided pursuant to 9.01(ii) for the benefit of the Holders of such Securities; and (2) the occurrence of any event specified in Sections 5.01(iv) (with respect to any of Section 11.07, and, if specified 8.01 and any such covenants provided pursuant to Section 3.019.01(ii)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons as provided in this Section on and after the date the conditions set forth in Section 15.04 13.04 are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section (to the extent so specified in the case of Section 5.01(iv)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 8.01, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, conveyance or transfer contemplated thereby, to assume the obligations of the Company to the Trustee under Sections 6.07 and 13.05.
Appears in 2 contracts
Samples: Senior Indenture (Gsi Commerce Inc), Senior Indenture (Knoll Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 1101 applicable to this Section with respect to any Outstanding Securities of or within a seriesany Defeasible Series, (i) the Company shall be released from its obligations under Sections 1005 through 1008, inclusive, Clause (3) of Section 11.06 801, and Section 11.07the provisions of any supplemental indenture specified in such supplemental indenture, and, if and (ii) the occurrence of an event specified pursuant to Section 3.01, its obligations under any other covenant, in Sections 501(3) (with respect to any of Sections 1005 through 1008, inclusive) 501(4) and the provisions of any supplemental indenture specified in such supplemental indenture shall not be deemed to be an Event of Default in each case with respect to Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection, Clause or Article, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section, Clause or Article or by reason of any reference in any such covenant Section, Clause or Article to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/)
Covenant Defeasance. Upon the CompanyCorporation’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Corporation shall be released from its obligations under Section 11.06 Sections 1004 and Section 11.071005, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 and 1005, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company Corporation may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)
Covenant Defeasance. Upon the CompanyCorporation’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Corporation shall be released from its obligations under Section 11.06 803 and Section 11.07Sections 1005 through 1008, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company Corporation may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 803 and Section 11.07, Sections 1005 through 1006 and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Hub International LTD), Indenture (Hub International LTD)
Covenant Defeasance. Upon the Company’s exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities of or within a series, (1) the Company shall be released from its obligations under Section 11.06 8.01 and any covenants provided pursuant to 9.01(ii) for the benefit of the Holders of such Securities; and (2) the occurrence of any event specified in Sections 5.01(iv) (with respect to any of Section 11.07, and, if specified 8.01 and any such covenants provided pursuant to Section 3.019.01(ii)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons as provided in this Section on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantspecified Section (to the extent so specified in the case of Section 5.01(iv)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or by reason of any reference in any such covenant Section to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby. Notwithstanding any Covenant Defeasance with respect to Section 8.01, any Person that would otherwise have been required to assume the obligations of the Company pursuant to said Section shall be required, as a condition to any merger, consolidation, conveyance or transfer contemplated thereby, to assume the obligations of the Company to the Trustee under Sections 6.07 and 14.05.
Appears in 2 contracts
Samples: Subordinated Indenture (Knoll Inc), Subordinated Indenture (Gsi Commerce Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1 and Section 11.079.4, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.5 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1 and 9.4, or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Esterline Technologies Corp), Indenture (At&t Wireless Services Inc)
Covenant Defeasance. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 12.03 with respect to any the Securities of or within a any series, each of the Company and the Guarantors shall be released from its their obligations under any covenant contained in Section 11.06 8.01 and Section 11.07in Sections 10.05 through 10.09, inclusive, and, if specified pursuant to Section 3.01, its their obligations under any other covenant, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company and any Subsidiary may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9) with respect to Securities of Section 6.01 or otherwise, as the case may be, such series but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (IVZ Inc), Indenture (IVZ Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1, 9.9 and Section 11.07, 9.10 and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.6 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.9 and 9.10 or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.1(3) or 5.1(7), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Executive Risk Inc /De/)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section, and unless and until the Company has exercised its option applicable to Section with respect to any Securities of or within a series8.02, the Company (and any applicable Guarantors) shall be released from its obligations under Section 11.06 Sections 4.02, 4.03, 4.04, 4.05, 4.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 4.07 with respect to such the Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder). For this purpose, such covenant defeasance means that, that with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenants set out in Sections 4.02, 37 4.03, 4.04, 4.05, 4.06 and 4.07, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such the Securities and any related coupons shall be unaffected thereby. In addition, upon the Company’s exercise of such covenant defeasance, subject to the conditions set forth in Section 8.04 below, Clauses (3), (4), (6) and (8) of Section 6.01 hereof shall not constitute “Events of Default”.
Appears in 1 contract
Samples: Indenture (Transocean Ltd.)
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Sections 9.5 through 9.7, and, if specified pursuant to Section 3.013.1, its their obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 13.4 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (9Section 5.1(6) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (GREAT PANTHER MINING LTD)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 1301 applicable to this Section with respect to any Securities of or within a seriesSection, (i) the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to the Securities of such Outstanding Securities series under Sections 801 and 1005 and any related coupons covenant added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series, and (ii) the occurrence of an event specified in clause (4) of Section 501 (with respect to Sections 801 and 1005 and any covenant added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series) shall not be deemed to be an Event of Default on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “"covenant defeasance”"), but the remainder of this Indenture and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunderunaffected thereby. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection, covenant or clause, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section, covenant or clause or by reason of any reference in any such Section, covenant or clause to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Subordinated Indenture (Newfield Exploration Co /De/)
Covenant Defeasance. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Section 11.06 801 (and Section 11.07, and, if specified any covenant made applicable to such Securities pursuant to Section 3.01301), its obligations under any other covenant, the occurrence of an event specified in Section 501(4) (with respect to Section 801) (and any other Event of Default applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Securities of such series and any related coupons the provisions of Article Thirteen hereof shall cease to be effective on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 801 (and any other covenant made applicable to such covenantsSecurity pursuant to Section 301), but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, Section or such other covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Unova Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on (i) On and after the date the conditions set forth in Section 15.04 clause (ii) below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (Company and the consequences Guarantor shall be released from their respective obligations under Sections 3.4, 3.5, 3.6, 3.9, 3.10, 3.11, 4.3, 9.1(c), and, to the extent specified pursuant to Section 2.3 with respect to the Securities of a particular Series, any thereofother covenant applicable to such Series and Events of Default specified in Sections 5.1 (c),(d),(e),(f) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunderor (i). For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsOutstanding Securities, the Company and the Guarantor may omit to comply with with, and shall have no liability in respect of of, any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(c) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and Indenture, such Securities and any related coupons the Guarantee in respect thereof shall be unaffected thereby.
(ii) The following shall be the conditions to application of clause (i) above to any Outstanding Securities of or within a Series:
(A) The Company or the Guarantor shall irrevocably have deposited or caused to be deposited with the Trustee (or another Trustee satisfying the requirements of Section 6.9 who shall agree to comply with the provisions of this Section 10.1(b) applicable to it) as trust funds in trust for the purpose of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of such Securities, (1) an amount in the required Currency in which such Securities are then specified as payable, or (2) Government Obligations applicable to such Securities (determined on the basis of the Currency in which such Securities are then specified as payable) which through the scheduled payment of principal and interest in respect thereof in accordance with their terms will provide, not later than one day before the due date of any payment of principal of and interest, if any, on such Securities, money in an amount, or (3) a combination thereof, in any case, in an amount, sufficient, without consideration of any reinvestment of such principal and interest, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay and discharge, and which shall be applied by the Trustee (or other qualifying Trustee) to pay and discharge, (y) the principal of, interest on and any Additional Amounts on such Outstanding Securities at the Maturity (which may be a Redemption Date) of such principal or installment of principal or interest or any Additional Amounts and (z) any mandatory sinking fund payments or analogous payments applicable to such Outstanding Securities on the days on which such payments are due and payable in accordance with the terms of this Indenture, of such Securities and the Guarantee in respect thereof;
(B) such covenant defeasance shall not result in a breach or violation of, or constitute a default under, this Indenture or any other material agreement or instrument to which the Company or the Guarantor is a party or by which either of them is bound (other than a default under this Indenture arising from the borrowing of funds to make such deposit);
(C) no Event of Default or event which with notice or lapse of time or both would become an Event of Default with respect to such Securities shall have occurred and be continuing on the date of such deposit and at any time during the period ending on the 123rd day after the date of such deposit (it being understood that this condition shall not be deemed satisfied until the expiration of such period);
(D) the Company or the Guarantor shall have delivered to the Trustee an Opinion of Counsel to the effect that the Holders of such Outstanding Securities will not recognize income, gain or loss for U.S. federal income tax purposes as a result of such covenant defeasance and will be subject to U.S. federal income tax on the same amounts, in the same manner and at the same times as would have been the case if such covenant defeasance had not occurred;
(E) the Company or the Guarantor shall have delivered to the Trustee an Opinion of Counsel to the effect that, after the 123rd day after the date of deposit, all money and Government Obligations (including the proceeds thereof) deposited or caused to be deposited with the Trustee (or other qualifying Trustee) pursuant to this clause (ii) to be held in trust will not be subject to any case or proceeding (whether voluntary or involuntary) in respect of the Company or the Guarantor under any U.S. federal or state bankruptcy, insolvency, reorganization or other similar law, or any decree or order for relief in respect of the Company or the Guarantor issued in connection therewith;
(F) the Company or the Guarantor shall have delivered to the Trustee an Officers’ Certificate or Guarantor’s Officer’s Certificate, as the case may be, and an Opinion of Counsel, each stating that all conditions precedent to the covenant defeasance under clause (b) of this Section 10.1 have been complied with; and
(G) notwithstanding any other provisions of this Section 10.1(b), such defeasance shall be effected in compliance with any additional or substitute terms, conditions or limitations which may be imposed on the Company or the Guarantor in connection therewith pursuant to Section 2.3.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of ------------------- the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, covenant with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with any such covenantscovenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5Section 501(4) or (9501(8) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Worldcom Inc /Ga/)
Covenant Defeasance. Upon the Company’s exercise under Section 11.1 hereof of the above option applicable to this Section with respect to any Securities of or within a series11.3, the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, covenant contained in Sections 9.5 through 9.12 hereof with respect to such the Outstanding Securities (except for the covenants contained in Section 9.8(a) and any related coupons in the final sentence of the first paragraph of Section 9.9) on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such the Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or consent, declaration or other Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 4.1(d) or (9) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Xto Energy Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 1201 of the above option applicable to this Section with respect to any Securities of or within a series1203, the Company and any Subsidiary Guarantor shall be released from its obligations under any covenant contained in Section 11.06 801 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 803 and in Sections 1006 through 1018 and Sections 1021 and 1022 with respect to such the Outstanding Securities and any related coupons Notes on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”"Covenant Defeasance"), and such Securities and any related coupons the Notes shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, 102 waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Notes, the Company and any Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 501(c), (5d) or (9) of Section 6.01 or otherwise, as the case may bee), but, except as specified above, the remainder of this Indenture and such Securities and any related coupons Notes shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Afa Products Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Section 11.06 Sections 7.03, 8.03, and Section 11.0710.04, and, if specified pursuant to Section 3.01, the Company shall be released from its obligations under any other covenant, with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be not “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Section 7.03, 8.03, or 10.04, or such covenantsother covenant, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Outstanding Securities of such outstanding Securities and any related couponsseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default default or an Event of Default under clauses (4), (5subsection 5.01(4) or (9subsection 5.01(7) of Section 6.01 or otherwisethis Indenture, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Ford Motor Credit Co LLC)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable provided under Section 12.01 hereof to this Section obtain a covenant defeasance with respect to any the outstanding Securities of or within a seriesparticular series under this Section 12.03, the Company and any Guarantors shall be released from its their obligations under Section 11.06 the covenants contained in Article 4 and Section 11.07, and, if specified pursuant 10.01 hereof and the covenants contained in any supplemental indenture applicable to Section 3.01, its obligations under any other covenantsuch series, with respect to the outstanding Securities of such Outstanding Securities and any related coupons series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasanceCovenant Defeasance”), and the Securities of such Securities and any related coupons series shall thereafter be deemed not to be “Outstanding” outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” outstanding for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the outstanding Securities and any related couponsof such series, the Company or any Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not 34 constitute a Default or an Event of Default under clauses (4), (5Section 5.01(c) or (9Section 5.01(g) with respect to outstanding Securities of Section 6.01 or otherwise, as the case may besuch series, but, except as specified above, the remainder of this Indenture and of the Securities of such Securities and any related coupons series shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.03 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.01(4) and Section 11.07, 9.07 and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 4.06 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.01(4)and 9.07 or such covenants, other covenant but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.01(3) or 5.01(7), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Amerus Life Holdings Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 11.1 hereof of the above option applicable to this Section with respect to any Securities of or within a series11.3, the Company and each Subsidiary Guarantor shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its their respective obligations under any other covenantcovenant contained in Article VII, in Sections 9.5 through 9.19 and in Section 12.2 hereof with respect to such the Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such the Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes E-202 of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Outstanding Securities, the Company and each Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 4.1(c) or (94.1(d) of Section 6.01 or otherwise, as the case may behereof, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Comstock Resources Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 14.1 applicable to this Section 14.3 with respect to any Debt Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07any covenant contained in Sections 4.5 through 4.17 hereof, and, if specified pursuant to Section 3.01, its obligations under any other covenantinclusive, with respect to such Outstanding Debt Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such Debt Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related coupons, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or clause, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant Section or clause or by reason of any reference in any such covenant Section or clause to any other provision herein or in any other document and such omission the occurrence of an event specified in subsections 6.1(c) (with respect to comply clause (iii) of Section 4.17) and (d) (with respect to any covenant contained in Sections 4.5 through 4.17, inclusive) shall not constitute a Default or be deemed to be an Event of Default under clauses (4)Default, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Debt Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Multicanal Sa)
Covenant Defeasance. Upon the Company’s Issuer's exercise under Section 1201 of the above option applicable to this Section with respect to any Securities of or within a series1203, the Issuer and the Company shall be released from its obligations under any covenant or provision contained or referred to in Sections 1005 through 1011 inclusive, and the provisions of clause (3) of Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant801(a), with respect to such Outstanding the Defeased Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1204 below are satisfied (hereinafter, “"covenant defeasance”"), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be “Outstanding” not Outstanding for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” Outstanding for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities the Defeased Securities, the Issuer and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 501(c), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Millennium Chemicals Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 1301 applicable to this Section with respect to any Securities of or within a seriesSection, (i) the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to the Securities of such Outstanding Securities series under Sections 801 and 1005 and any related coupons covenant of the Company added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series, and (ii) the occurrence of an event specified in clause (4) of Section 501 (with respect to Sections 801 and 1005 and any covenant added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series) shall not be deemed to be an Event of Default on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “"covenant defeasance”"), but the remainder of this Indenture and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunderunaffected thereby. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities that the Company and any related coupons, the Company Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection, covenant or clause, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section, covenant or clause or by reason of any reference in any such Section, covenant or clause to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise by the Company of the above option applicable to this Section 1303 with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Sections 905 through 907, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, in each case with respect to such Outstanding Securities and any related coupons coupons, respectively, on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9) of Section 6.01 8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
Covenant Defeasance. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Sections 7.1, 9.4 and Section 11.079.5, and, if specified pursuant to Section 3.013.1, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 4.5 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 7.1, 9.4 and 9.5, or such covenantsother covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.1(3) or (95.1(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Icos Corp / De)
Covenant Defeasance. Upon the Company’s 's exercise under Section 14.01 of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Article 10, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(4) or (9Section 5.01(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall each be released from its obligations under Section 11.06 and Section 11.07, and, if any other covenant specified pursuant to Section 3.01, its obligations under any other covenant301, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenantsany applicable covenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (97) of Subsection 501(a) or otherwise except as specified in accordance with Section 6.01 or otherwise301, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its any obligations under Section 11.06 and Section 11.07, and, if any covenant specified pursuant to Section 3.01, its obligations under any other covenant301, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “"covenant defeasance”"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be “not "Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenantscovenant, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related couponscoupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Pse&g Capital Trust Iii)
Covenant Defeasance. Upon the Company’s 's exercise of the above option provided in Section 1301 applicable to this Section with respect to any Securities of or within a seriesSection, (i) the Company shall be released from its obligations under Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to the Securities of such Outstanding Securities series under Sections 801 and 1005 and any related coupons covenant of the Company added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series, and (ii) the occurrence of an event specified in clause (4) of Section 501 (with respect to Sections 801 and 1005 and any such covenant added to this Indenture pursuant to clause (17) of Section 301 for the benefit of the Holders of Securities of such series) shall not be deemed to be an Event of Default on and after the date the conditions set forth in Section 15.04 1304 are satisfied (hereinafter, “"covenant defeasance”"), but the remainder of this Indenture and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunderunaffected thereby. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities that the Company and any related coupons, the Company Subsidiary Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection, covenant or clause, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section, covenant or clause or by reason of any reference in any such Section, covenant or clause to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Marine 300 Series Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 Article Eight, Sections 1006 and Section 11.071007, and, if specified pursuant to Section 3.01301, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 1404 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 501(4) or (9Section 501(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Ati Technologies Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 8.3 of the above option applicable to this Section with respect to any Securities of or within a series8.5, the Company shall be released from its obligations under Sections 4.2 and 4.3 and Article V and such other provisions as may be provided as contemplated by Section 11.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 2.3(a) with respect to such Outstanding Securities of a particular series and any related coupons with respect to the Defeased Securities on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”hereinafter "COVENANT DEFEASANCE"), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be “Outstanding” not "outstanding" for the purposes of any direction, waiver, consent or declaration or Act act of 42 Holders (and the consequences of if any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” "outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision provisions herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5) or (9) of Section 6.01 or otherwise, as the case may be, 6.1 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Disney Capital Trust I)
Covenant Defeasance. Upon the Company’s exercise under Section 14.01 of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Section 11.06 and Section 11.07Article 10, and, if specified pursuant to Section 3.01, its obligations under any other covenant, with respect to such Outstanding Securities and any related coupons on and after the date the conditions set forth in Section 15.04 14.04 are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4), (5Section 5.01(4) or (9Section 5.01(7) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Covenant Defeasance. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section with respect to any Securities of or within a series4.03, the Company shall be released from its obligations under Section 11.06 any covenant or provision contained in Sections 10.06 through 10.23 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenantthe provisions of Articles Eight and Eleven shall not apply, with respect to such Outstanding the Defeased Securities and any related coupons on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “"covenant defeasance”"), and such the Defeased Securities and any related coupons shall thereafter be deemed not to be “"Outstanding” " for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “"Outstanding” " for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such outstanding Securities and any related couponsthe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantSection or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant Section or Article or by reason of any reference in any such covenant Section or Article to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4Section 5.01(iii)-(vi), (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any related coupons shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Golden Sky DBS Inc)
Covenant Defeasance. Upon the Company’s exercise of the above option applicable to this Section with respect to any Securities of or within a any series, and unless and until the Company has exercised its option applicable to Section 8.02 with respect to Securities of the same series, the Company (and any applicable Subsidiary Guarantors) shall be released from its obligations under Section 11.06 Sections 4.02, 4.04, 4.05, 4.06 and Section 11.07, and, if specified pursuant to Section 3.01, its obligations under any other covenant, 5.03 with respect to such the Outstanding Securities and any related coupons of such series on and after the date the conditions set forth in Section 15.04 below are satisfied (hereinafter, “covenant defeasance”), and such Securities and any related coupons shall thereafter be deemed not to be “Outstanding” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed “Outstanding” for all other purposes hereunder). For this purpose, such covenant defeasance means that, that with respect to such outstanding Outstanding Securities and any related coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenantcovenants set out in Sections 4.02, 4.04, 4.05, 4.06 and 5.03, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under clauses (4)document, (5) or (9) of Section 6.01 or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and the Securities of such Securities and any related coupons series shall be unaffected thereby. In addition, upon the Company’s exercise of such covenant defeasance, subject to the conditions set forth in Section 8.04 below, Clauses (3), (4) and (6) of Section 6.01 hereof shall not constitute “Events of Default”.
Appears in 1 contract
Samples: Indenture (Teck Resources LTD)