Common use of Covenant Defeasance Clause in Contracts

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if any other covenant specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to not be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other any applicable covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4clause (4) of Subsection 501(a) or 501(8) or otherwiseotherwise except as specified in accordance with Section 301, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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, if specified pursuant to Section 3.01, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(4) or 501(85.01(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. 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.

Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091010, inclusive, inclusive and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091010, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4501(3) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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, (a) the Company shall be released from its obligations under any covenant or provision contained in Section 405 and Sections 1004 to 1009407 through 415, inclusiveand the provisions of clauses (iii), and(iv) and (v) of Section 501(a) shall not apply, if and (b) the occurrence of any event specified pursuant to Section 301in clause (iv), its obligations under any other covenant contained herein or in any indenture supplemental hereto, (v) (with respect to such Outstanding Securities Section 405 and any coupons appertaining thereto Sections 407 through 415, inclusive), (vi), (vii), (viii) (with respect to Subsidiaries), (ix) (with respect to Subsidiaries), (x) or (xi) of Section 601 shall be deemed not to be or result in an Event of Default, in each case with respect to the Defeased Notes on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Securities and any coupons appertaining thereto the Notes shall thereafter be deemed not to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, such covenants or such other covenantprovisions, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section covenant or such other covenantprovision, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section covenant or such other covenant provision or by reason of any reference in any such Section covenant or such other covenant provision to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be601, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Outstanding Notes shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 4.1 of the above option applicable to this Section with respect to any Securities of or within a series4.3, the Company and any other obligor on the Securities shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 to 100910.4 through 10.17, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, and the provisions of Article VIII with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.4 below are satisfied (hereinafter, "“covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and any other obligor on the Securities may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4Sections 5.1(c), (d), (e) or 501(8) or otherwise, as the case may be(f), but, except as specified abovein this Indenture, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby. In the event covenant defeasance occurs, the Events of Default specified in Sections 5.1(e) and (f) will no longer constitute Events of Default with respect to the Securities.

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 Sections 1004 to 1009, inclusive10.05 and 10.06, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any related coupons appertaining thereto shall thereafter be deemed 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 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4clauses (4) or 501(8(7) of Section 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 appertaining thereto shall be unaffected thereby.

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 series, the Company shall be released from its obligations under Sections 1004 to 10097.01(3), inclusive, 7.01(4) and 9.07 and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.06 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.01(3), inclusive, 7.01(4)and 9.07 or such other covenant, covenant but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(3) or 501(8) 5.01(7), or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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, if specified pursuant to Section 301, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 1403.

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, (a) the Company shall be released from its obligations under any covenant or provision contained in Section 405, Sections 1004 to 1009407 through 415, inclusiveand the provisions of clauses (iii), and(iv) and (v) of Section 501(a) shall not apply, if and (b) the occurrence of any event specified pursuant to Section 301in clause (iv), its obligations under any other covenant contained herein or in any indenture supplemental hereto, (v) (with respect to such Outstanding Securities and any coupons appertaining thereto Section 405, Sections 407 through 415, inclusive), (vi), (vii), (viii) (with respect to Subsidiaries), (ix) (with respect to Subsidiaries), (x) or (xi) of Section 601 shall be deemed not to be or result in an Event of Default, in each case with respect to the Defeased Notes on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Securities and any coupons appertaining thereto the Notes shall thereafter be deemed not to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, such covenants or such other covenantprovisions, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section covenant or such other covenantprovision, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section covenant or such other covenant provision or by reason of any reference in any such Section covenant or such other covenant provision to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be601, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Outstanding Notes shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.04 to 100910.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(4) or 501(85.01(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10097.1, inclusive9.4, 9.5, 9.8 and 9.9 and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.1, inclusive9.4, 9.5, 9.8 and 9.9 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(85.1(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Sections 1004 Section 801 (and any covenant made applicable to 1009, inclusive, and, if specified such Securities pursuant to Section 301), its obligations under any other covenant contained herein or the occurrence of an event specified in any indenture supplemental hereto, Section 501(4) (with respect to Section 801 or any such covenant) (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 coupons appertaining thereto the provisions of Article Thirteen hereof shall cease to be effective on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 Section 801 (and any other covenant made applicable to 1009, inclusive, or such other covenantSecurity pursuant to Section 301 and any such Events of Default), but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Notwithstanding the defeasance by the Company of its obligations under Section 801, any successor shall be required to assume the Company's obligations under Section 607 as a condition to such succession.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(9) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’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 and the Guarantor shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified any covenants provided pursuant to Section 3013.1(18) and the covenants contained in Sections 6.3, 6.4 and 6.5 and Article VII hereof and the Guarantor shall be released from its obligations under any other covenant contained herein or in any indenture supplemental hereto, Article XI and the Guarantee with respect to such all Outstanding Securities and any coupons appertaining thereto as to which this option provided in Section 10.1 is exercised, on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Outstanding Securities and any coupons appertaining thereto shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, 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 of any coupons appertaining theretoseries as to which the Covenant Defeasance has occurred, the Company may omit and the Guarantor shall not need to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or covenant with respect to such other covenantSecurities, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(48.1(iv) or 501(8) 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 coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, Section 1011 and Section 1012, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, Section 1011 or Section 1012, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10097.1, inclusive9.4 and 9.5, and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.1, inclusive9.4 and 9.5, or such other 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 coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(85.1(6) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.4 to 100910.8, inclusive, inclusive and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.4 to 100910.8, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 8.01 hereof of the above option applicable to this Section with respect to any Securities of or within a series8.03, the Company shall and each of the guarantors, if any, will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from its their obligations under Sections 1004 the covenants contained in Section 4.03 and any other covenants specified in the applicable Board Resolutions, supplemental indenture or Officer’s Certificate as being subject to 1009, inclusive, and, if specified covenant defeasance pursuant to this Section 3018.03, its obligations under any other covenant contained herein or in any indenture supplemental heretoeach case, with respect to such Outstanding Securities and any coupons appertaining thereto the outstanding Notes of the applicable Series on and after the date the conditions set forth in Section 1404 8.04 are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Securities and any coupons appertaining thereto the Notes shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" “outstanding” for all other purposes hereunderhereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to the outstanding Notes of such Outstanding Securities and any coupons appertaining theretoSeries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be6.01 hereof, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Notes shall be unaffected thereby. In addition, upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, the failure to comply with any such covenant shall not constitute an Event of Default pursuant to Section 6.01(d).

Covenant Defeasance. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, each of the Company Partnership and the Guarantor (if the Securities of such series are Guaranteed Securities) shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto thereto, and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities), on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Partnership and the Guarantor (if applicable), may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities) shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, andreleased, if specified pursuant to Section 301, from its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or each such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under Sections 1004 any covenant or provision contained or referred to 1009, inclusive, and, if specified in Article Ten (except Section 1002 and 1003) or otherwise set forth in this Indenture and expressly made subject to this Section 403 pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretoand the provisions of Article Twelve and, if applicable, Article Fourteen, shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009such covenants and the provisions of Article Twelve and, inclusiveif applicable, or such other covenantArticle Fourteen, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c), (d) or 501(8) or otherwise, as the case may be(g), but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 8.1 hereof of the above option applicable to this Section 8.3, with respect to any Securities Series of or within a seriesSecurities, the Company shall Corporation shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be released from its the obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations thereof under any other covenant contained herein covenants applicable to such Series of Securities that are identified in the applicable Board Resolution or in any Resolutions or indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto hereto as being eligible for the provisions of this Section 8.3 on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "“covenant defeasance"”), and the Securities of such Securities and any coupons appertaining thereto Series shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" “outstanding” for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding the outstanding Securities and any coupons appertaining theretoof the applicable Series, the Company Corporation or any of its Subsidiaries may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be6.1 hereof with respect to such Series of Securities, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 each Security Guarantor shall be released from its their obligations under Sections 1004 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its their obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities Securities, and any coupons appertaining thereto relating Security Guarantee, on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities Securities, and any coupons appertaining thereto relating Security Guarantee, shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities Securities, and any coupons appertaining theretorelating Security Guarantee, the Company and each Security Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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, if specified pursuant to Section 301, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 1403.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.04 to 100910.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(d) or 501(85.01(h) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s or the Guarantor[’s][s’] exercise under Section 10.03 of the above option applicable to under this Section with respect to any Securities of or within a series10.05, the Company or the Guarantor[s] shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any 3.05 and Article 9 and such other covenant contained herein or in any indenture supplemental hereto, provisions as may be provided as contemplated by Section 2.04 with respect to such Outstanding Securities of a particular series and any coupons appertaining thereto with respect to the Defeased Securities on and after the date the conditions set forth below in Section 1404 10.06 are satisfied (hereinafter, "hereinafter “covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company or the Guarantor[s] may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle described in this Section 10.05, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article described in this Section 10.05 or by reason of any reference in any such Section or such other covenant Article described in this Section 10.05 to any other provision provisions herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, 5.01 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusiveinclusive (other than its obligations under Section 1004 to preserve and keep in full force and effect its corporate existence), and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusiveinclusive (other than its obligations under Section 1004 to preserve and keep in full force and effect its corporate existence), or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section (other than its obligations under Section 1004 to preserve and keep in full force and effect its corporate existence) 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 document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 10.04 to 100910.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 15.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(4) or 501(85.01(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 12.1 hereof of the above option applicable to this Section 12.3 with respect to any Securities a series of or within a seriesSecurities, the Company shall will, subject to the satisfaction of the conditions set forth in Section 12.4 hereof, be released from its obligations under Sections 1004 to 1009, inclusive, and, if Section 5.3 and Article X and any additional covenants specified pursuant to Section 301, its obligations under any other covenant contained herein or in any Board Resolution or indenture supplemental hereto, hereto with respect to such the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 12.4 hereof are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and the Securities of such Securities and any coupons appertaining thereto shall series will thereafter be deemed to be not "Outstanding" Outstanding for the purposes of any direction, waiver, consent or declaration or Act act of Holders holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall will continue to be deemed "Outstanding" Outstanding for all other purposes hereunderhereunder (it being understood that such Securities will not be deemed Outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in Section 5.3 or Article X and any such Section additional covenants specified in any Board Resolution or such other covenantindenture supplemental hereto, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be6.1 hereof with respect to Outstanding Securities of such series, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 1402 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 any covenant under Article Eight and in Sections 1004 to 1009, inclusivethrough 1012, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8Section 501(9) 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. In addition, upon the Company's exercise under Section 1401 of the option applicable to Section 1403, Sections 501(4) through (6) shall not constitute Events of Default.

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 each be released from its obligations under Sections 1004 to 1009, inclusive, and, if any other covenant specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to not be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusiveany applicable covenant, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4clauses (4) or 501(8(7) of Section 501(a) or otherwiseotherwise except as specified in accordance with Section 301, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 and the Guarantor shall be released from its their obligations under Sections 1004 to 10097.1, inclusive7.2, 9.4 and 9.5, and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.1, inclusive7.2, 9.4 and 9.5, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(85.1(6) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10097.1, inclusive9.4 and 9.5, and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.1, inclusive9.4 and 9.5, or such other 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 coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(85.1(6) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant -------- defeasance"), and such Securities and any coupons appertaining thereto shall ---------- thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4clause (4) or 501(8(9) of Section 501 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 any Section(s) of this Indenture applicable to 1009, inclusive, and, if specified such Securities that are determined pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, 301 to be subject to this provision with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantSections, 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 of such series and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantSection, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may behereunder, but, except as specified above, the remainder of this Indenture and such Securities and any related coupons appertaining thereto 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 solely by reference to such Sections specified above in this Section 1403.

Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant -------- defeasance"), and such Securities and any coupons appertaining thereto shall ---------- thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4clause (5) or 501(8(10) of Section 501 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyPCS's exercise of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company PCS shall be released from its obligations under Sections 1004 to 10091007, inclusive, Sections 1010 and 1011 and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091007, inclusive, Sections 1010 and 1011 or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company PCS may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4501(d) or 501(8501(h) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 each Security Guarantor shall be released from its their obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its their obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities Securities, and any coupons appertaining thereto relating Security Guarantee, on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities Securities, and any coupons appertaining thereto relating Security Guarantee, shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities Securities, and any coupons appertaining theretorelating Security Guarantee, the Company and each Security Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 8.3 of the above option applicable to this Section 8.5, the Company and the Guarantor, if any, shall be release from their obligations under Sections 4.2 and 4.3 and Article V and such other provisions as may be provided as contemplated by Section 2.3(a) with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, particular series and with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, hereinafter "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstandingoutstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstandingoutstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision provisions herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) 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 coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091012, inclusive, (except that the Company shall remain subject to the covenant to preserve and keep in full force and effect its corporate existence, except as permitted under Article 8 "Consolidation, Merger, Sale, Lease or Conveyance") and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Debt Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Debt Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091012, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Debt Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Debt Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyOperating Partnership's ------------------- exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Operating Partnership and, if applicable, the Company shall be released from its their obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its their obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such ------------------- Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Operating Partnership and, if applicable, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4clause (4) or 501(8) (8) of Section 501 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities Securities, any related Guarantees and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.4 to 100910.5, inclusiveinclusive (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence), and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.4 to 100910.5, inclusiveinclusive (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence), or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence) 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 document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.1(d) or 501(85.1(g) or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 4.1 of the above option applicable to this Section with respect to any Securities of or within a series4.3, the Company and any other obligor on the Securities shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 to 100910.4 through 10.18, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, and the provisions of Article VIII with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.4 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and any other obligor on the Securities may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4Sections 5.1(c), (d), (e) or 501(8) or otherwise, as the case may be(f), but, except as specified abovein this Indenture, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby. In the event covenant defeasance occurs, the Events of Default specified in Sections 5.1(e) and (f) will no longer constitute Events of Default with respect to the Securities.

Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Sections 1004 801, 1007 and 1008 (and any covenant made applicable to 1009, inclusive, and, if specified such Securities pursuant to Section 301, its obligations under any other covenant contained herein or ) and the occurrence of an event specified in any indenture supplemental hereto, Section 501(4) (with respect to any of Section 801, 1007 or 1008 or any such covenant) (and any other Event of Default applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 801, 1007 and 1008 (and any other covenant made applicable to 1009, inclusive, or such other covenantSecurity pursuant to Section 301) and any such Events of Default, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Notwithstanding the defeasance by the Company of its obligations under Section 801, any successor shall be required to assume the Company's obligations under Section 607 as a condition to such succession.

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 Sections 1004 Section 801, Section 1006, Section 1007 and any covenants provided pursuant to 1009901(5) for the benefit of the Holders of such Securities; and (2) the occurrence of any event specified in Section 501(3) (with respect to any of Section 801, inclusiveSection 1006, and, if specified Section 1007 and any such covenants provided pursuant to Section 301901(5)) shall be deemed not to be or result in an Event of Default, its obligations under any other covenant contained herein or in any indenture supplemental hereto, each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section on and after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, hereinafter called "covenant defeasanceCovenant Defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant(to the extent so specified in the case of Section 501(3)), whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto 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 1305.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.4 to 100910.8, inclusiveinclusive (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence), and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.4 to 100910.8, inclusiveinclusive (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence), or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section (other than its obligations under Section 10.4 to preserve and keep in full force and effect its corporate existence) 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 document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.1(d) or 501(85.1(h) or otherwise, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon If specified pursuant to Section 301, upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option in Section 1401 applicable to this Section 1403 with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 1006 to 10091011, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or any such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 Guarantors shall be released from its their obligations under Sections 1004 1005 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 10.04 to 100910.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(4) or 501(8501(9) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 4.1 of the above option applicable to this Section with respect to any Securities of or within a series4.3, the Company and each Guarantor shall be released from its obligations under Sections 1004 any covenant or provision contained or referred to 1009, inclusive, and, if specified in Article Ten (except Section 10.2 and 10.3) or otherwise set forth in this Indenture and expressly made subject to this Section 4.3 pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretoand the provisions of Article Thirteen, if applicable, shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009such covenants and the provisions of Article Thirteen, inclusive, or such other covenantif applicable, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(c), (d) or 501(8) or otherwise, as the case may be(g), but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon Unless specifically otherwise provided in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 301, upon the Company's exercise under Section 901 of the above option applicable to this Section with respect to any Securities of or within a series903, the Company shall be released from its obligations under the covenants contained in Sections 1004 to 1009504, inclusive505 and 506, and, if specified pursuant to Article 6 and Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, 301(12) with respect to such the Outstanding Securities and of any coupons appertaining thereto series on and after the date the conditions set forth in Section 1404 below are satisfied with respect to such series (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and the Securities of such Securities and any coupons appertaining thereto series shall thereafter be deemed to be not "Outstandingoutstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders of such Securities (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and of any coupons appertaining theretoseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other 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 with respect to such series of Securities under Section 501(4701(iv) or 501(8(v) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. In addition, upon the Company's exercise under Section 901 of the option applicable to this Section 903, Sections 701(v) through 701(x) shall not constitute Events of Default.

Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 to 10091005 through 1018, inclusive, andthe provisions of clause (iii) of Section 801 and the provisions of clauses (c)(i) (as it applies to the provisions of clause (iii) of Section 801), if specified pursuant to (d) and (e) of Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto501, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, 501 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091011, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091011, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 and, if applicable, the Guarantor shall each be released from its obligations under Sections 1004 to 10097.1, inclusive, 9.4 and 9.7 and, if specified pursuant to Section 3013.1, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.1, inclusive, 9.4 and 9.7 or such other covenant, covenant but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.1(3) or 501(8) 5.1(7), or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 series, the Company shall be released from its obligations under Sections 1004 to 10097.01(3), inclusive7.01(4), 9.07, 9.08, 9.09 and 9.10 and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.06 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10097.01(3), inclusive7.01(4), 9.07, 9.08, 9.09 and 9.10 or such other covenant, covenant but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(45.01(3) or 501(8) 5.01(8), or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons 74 appertaining thereto, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091012, inclusive, (except that the Company shall remain subject to the covenant set forth in Section 1008 to preserve and keep in full force and effect its corporate existence, except as permitted under Article Eight) and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Debt Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Debt Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091012, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Debt Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Debt Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s or the Guarantors’ exercise under Section 10.03 of the above option applicable to under this Section with respect to any Securities of or within a series10.05, the Company or the Guarantors shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any 3.05 and Article 9 and such other covenant contained herein or in any indenture supplemental hereto, provisions as may be provided as contemplated by Section 2.04 with respect to such Outstanding Securities of a particular series and any coupons appertaining thereto with respect to the Defeased Securities on and after the date the conditions set forth below in Section 1404 10.06 are satisfied (hereinafter, "hereinafter “covenant defeasance"”), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company or the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle described in this Section 10.05, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article described in this Section 10.05 or by reason of any reference in any such Section or such other covenant Article described in this Section 10.05 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 Section 501(4) or 501(8) or otherwise, as the case may be, 5.01 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 1401 of the above option applicable to this Section 1403 with respect to any Securities of or within a series, the Company shall be released from its obligations under any covenant under Article Eight and in Sections 1004 to 1009, inclusivethrough 1006, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8Section 501(9) or otherwise, as the case may be, but, except as specified abovein this Section, the remainder of this Indenture and such Securities and any related coupons appertaining thereto shall be unaffected thereby. In addition, upon the Company's exercise under Section 76 82 1401 of the option applicable to Section 1403, Sections 501(5) and 501(6) shall not constitute Events of Default.

Covenant Defeasance. Upon Unless specifically otherwise provided in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 301, upon the Company's exercise under Section 901 of the above option applicable to this Section with respect to any Securities of or within a series903, the Company shall be released from its obligations under the covenants contained in Sections 1004 to 1009504, inclusive505 and 506, and, if specified pursuant to Article 6 and Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, 301(12) with respect to such the Outstanding Securities and of any coupons appertaining thereto series on and after the date the conditions set forth in Section 1404 below are satisfied with respect to such series (hereinafter, "covenant defeasanceCovenant Defeasance"), and the Securities of such Securities and any coupons appertaining thereto series shall thereafter be deemed to be not "Outstandingoutstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders of such Securities (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such the Outstanding Securities and of any coupons appertaining theretoseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other 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 with respect to such series of Securities under Section 501(4701(iv) or 501(8(v) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. In addition, upon the Company's exercise under Section 901 of the option applicable to this Section 903, subject to the satisfaction of the conditions set forth in Section 904, any failure or omission to comply with such obligations shall not constitute a Default or Event of Default with respect to the Securities.

Covenant Defeasance. Upon the Company's exercise under Section 401 hereof of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 to 1003, 1004, 1005, 1006, 1007, 1008, 1009, inclusive1010, and1011, if specified pursuant to Section 3011012, its obligations under any other covenant contained herein or in any indenture supplemental hereto1014, 1015, 1016, 1019, 1020, 1021, 1022, 1024, 1025, 1028 and 1316 hereof with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(2) or 501(8(3) or otherwise, as the case may be, hereof but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be released from its obligations under Sections 1004 and Sections 1006 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Debt Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "covenant defeasance"), and such Debt Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 and Sections 1006 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Debt Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(9) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Debt Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1005 to 1009, inclusiveinclusive the provisions of Article Seventeen shall cease to be effective, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section Section, Article Seventeen or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091012, inclusive, (except that the Company shall remain subject to the covenant set forth in Section 1008 to preserve and keep in full force and effect its corporate existence, except as permitted under Article Eight) and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Debt Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Debt Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091012, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Debt Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Debt Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above ------------------- option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 8.01 hereof of the above option applicable to this Section with respect to any Securities of or within a series8.03, the Company shall and its Restricted Subsidiaries shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be released from its obligations under the covenants contained in Sections 1004 to 10094.08 through 4.18 hereof, inclusive, and, if specified pursuant to and the operation of Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto5.01 hereof, with respect to such Outstanding Securities and any coupons appertaining thereto the outstanding Notes on and after the date the conditions set forth in Section 1404 8.04 are satisfied (hereinafter, "covenant defeasance"), “Covenant Defeasance”) and each Guarantor shall be released from all of its obligations under its Subsidiary Guarantee with respect to such Securities covenants in connection with such outstanding Notes and any coupons appertaining thereto the Notes shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" “outstanding” for all other purposes hereunderhereunder (it being understood that such Notes shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe outstanding Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be6.01 hereof, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto Notes shall be unaffected thereby. In addition, upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.03 hereof, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Sections 6.01(d) through 6.01(f) hereof shall not constitute Events of Default.

Covenant Defeasance. Upon the CompanyOperating Partnership's exercise of the above option applicable to this Section 1203 with respect to any Securities of or within a series, the Company Operating Partnership shall be released from its obligations under Sections 1004 to 10091012, inclusive, and(except that the Operating Partnership shall remain subject to the covenant set forth in Section 1008 to preserve and keep in full force and effect its corporate existence, if specified pursuant to Section 301, except as permitted under Article Eight) and its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091012, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, that with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Operating Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such 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 document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(3) or otherwise, as the case may be, butprovided, however, that except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be released from its obligations under Sections 1004 to 10091007, inclusive, and, 74 81 if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091007, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’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 and any guarantor of the Securities shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified any covenants provided pursuant to Section 3013.1(18) and the covenants contained in Sections 6.5, its obligations under any other covenant contained herein or in any indenture supplemental hereto6.7, 6.9 and 6.10 and Article VII hereof with respect to such all Outstanding Securities and any coupons appertaining thereto as to which this option provided in Section 10.1 is exercised, on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such Outstanding Securities and any coupons appertaining thereto shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, 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 of any coupons appertaining theretoseries as to which the Covenant Defeasance has occurred, the Company may omit and any guarantor of the Securities shall not need to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or covenant with respect to such other covenantSecurities, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(48.1(iii) or 501(8) 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 coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise under Section 8.1 of the above option applicable to this Section with respect to any Securities of or within a series8.3, the Company shall be released from its any obligations under the covenants contained in Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, 3.2 and 3.3 hereof with respect to such Outstanding the outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"“Covenant Defeasance”), and such the Securities and any coupons appertaining thereto shall thereafter be deemed to be not "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 Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" “outstanding” for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed outstanding for accounting purposes). For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe outstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default with respect to the Securities under Section 501(46.1(3), nor shall any event referred to in Sections 6.1(4) thereafter constitute a Default or 501(8) or otherwise, as Event of Default with respect to the case may beSecurities, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be released from its obligations under Sections 1004 any covenant specified with respect to 1009, inclusive, and, if specified any Outstanding Securities of any series of Securities established pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities 301 and any coupons appertaining thereto to any such Securities, on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or any such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 1402 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 any covenant under Article Eight and in Sections 1004 to 1009, inclusivethrough 1012, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any related coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstanding" for all other purposes hereunderhereunder (it being understood that such Securities shall not be deemed Outstanding for financial accounting purposes). For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretorelated coupons, the Company may omit to 103 comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8Section 501(9) 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. In addition, upon the Company's exercise under Section 1401 of the option applicable to Section 1403, Sections 501(4) through (6) shall not constitute Events of Default.

Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, inclusive and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series403, the Company and any other obligor upon the Securities shall be released from its obligations under any covenant or provision contained or referred to in Sections 1004 to 10091005 through 1020, inclusive, and, if specified pursuant to and the provisions of clauses (iii) and (iv) of Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto801(a) and Article Twelve shall not apply, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants and the provisions of Article Twelve, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company and any such obligor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein or in such Defeased Securities or other documents to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4501(c) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, andreleased, if specified pursuant to Section 301, from its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with with, and shall have no liability in respect of of, any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8501(7) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Following a covenant defeasance, payment of such Securities may not be accelerated because of an Event of Default solely by reference to such Sections specified above in this Section 1403.”

Covenant Defeasance. Upon the Company's exercise of the above ------------------- option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such ------------------- Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4clause (4) or 501(8(9) of Section 501 or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 1005 to 1009, inclusiveinclusive the provisions of Article Seventeen shall cease to be effective, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 1005 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section Section, Article Seventeen or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's ’s exercise of the above its option applicable (if any) to have this Section with respect 1403 applied to any Securities or any series of or within a seriesSecurities, as the case may be, (1) the Company shall be released from its obligations under any covenants provided pursuant to Sections 1004 301(xviii), 901(2) or 901(7) for the benefit of the Holders of such Securities, (2) the occurrence of any event specified in Sections 503(c) (with respect to 1009any such covenants provided pursuant to Sections 301(xviii), inclusive, 901(2) or 901(7)) and, if specified applicable, pursuant to Section 301501(3) shall be deemed not to be or result in a Default and (3) the provisions of Article Thirteen shall cease to be effective, its obligations under any other covenant contained herein or in any indenture supplemental hereto, each case with respect to such Outstanding Securities and any coupons appertaining thereto as provided in this Section 1403 on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"hereinafter called “Covenant Defeasance”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretoSecurities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 503(c)) or such other covenantArticle Thirteen, whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. For the avoidance of doubt, following a Covenant Defeasance with respect to any Securities or series of Securities, the Trustee may not exercise any right of the Trustee or the Holders under Section 503 with respect to such Securities or series of Securities because of a Default specified in Clause (2) of this Section 1403.

Covenant Defeasance. Upon the Company's exercise under Section 803 of the above option applicable to under this Section with respect to any Securities of or within a series805, the Company shall be released from its obligations under Sections 1004 to 1009403, inclusive, and, if specified pursuant to 407 and 408 and Article V and such other provisions as may be provided as contemplated by Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, 203(a) with respect to such Outstanding Securities of a particular series and any coupons appertaining thereto with respect to the Defeased Securities on and after the date the conditions set forth below in Section 1404 806 are satisfied (hereinafter, hereinafter "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstandingoutstanding" for the purposes of any direction, waiver, consent or declaration or Act act of Holders (and the consequences of if any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "Outstandingoutstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle described in this Section 805, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant Article described in this Section 805 or by reason of any reference in any such Section or such other covenant Article described in this Section 805 to any other provision provisions herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, 601 but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company Issuer, as the case may be, shall be released from its obligations under Sections 1004 801, 1008, 1009 and 1010 (and any covenant applicable to 1009, inclusive, and, if specified such Guaranteed Securities that are determined pursuant to Section 301, its obligations under any other covenant contained herein or 301(16) to be subject to this provision) and the occurrence of an event specified in any indenture supplemental hereto, Section 501(4) (with respect to such Outstanding Securities any of Sections 801, 1008, 1009 or 1010) (and any coupons appertaining thereto other Event of Default applicable to such Guaranteed Securities that are determined pursuant to Section 301(16) to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Guaranteed Securities of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasanceCovenant Defeasance"), and such Guaranteed Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009801, inclusive1008, or 1009 and 1010 (and such other covenant), but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance Covenant Defeasance means that, with respect to the Outstanding Guaranteed Securities of such Outstanding Securities and any coupons appertaining theretoseries, 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, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Guaranteed Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any 75 83 such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyPartnership's exercise of ------------------- the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be released from its obligations under Sections 1004 to 1009, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's or Guarantor's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company and the Guarantor shall be released from its their obligations under Section 803 and Sections 1004 to 1009, inclusive, 1006 through 1008 inclusive and, if specified pursuant to Section 301, its their obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities Securities, Guarantees and any related coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such Securities Securities, related Guarantees and any related coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants, but shall continue to be deemed "OutstandingOUTSTANDING" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities Securities, related Guarantees and any coupons appertaining theretorelated coupons, the Company or the Guarantor, as the case may be, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default under Section 501(4) or 501(8501(3) 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.

Covenant Defeasance. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be released from its obligations under Sections 1004 to 10091007, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to 74 81 such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091007, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be released from its obligations under Sections 1004 10.04 to 100910.08, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.08, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Issuer may omit to comply with and shall have 121 no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(4) or 501(85.01(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

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 seriesSeries, the Company shall be released from its obligations under Sections 1004 10.04 to 100910.09, inclusive, and, if specified pursuant to Section 3013.01, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" Outstanding for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 10.04 to 100910.09, inclusive, or such other covenant, 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 coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(45.01(4) or 501(8) to 5.01(8), inclusive, or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's Operating Partnership’s exercise of the above option applicable to this Section 1203 with respect to any Securities of or within a series, the Company Operating Partnership shall be released from its obligations under Sections 1004 to 10091012, inclusive, and(except that the Operating Partnership shall remain subject to the covenant set forth in Section 1008 to preserve and keep in full force and effect its corporate existence, if specified pursuant to Section 301, except as permitted under Article Eight) and its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "“covenant defeasance"”), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "“Outstanding" ” for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091012, inclusive, or such other covenant, but shall continue to be deemed "“Outstanding" ” for all other purposes hereunder. For this purpose, such covenant defeasance means that, that with respect to such Outstanding Securities and any coupons appertaining thereto, the Company Operating Partnership may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such 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 document, and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8501(3) or otherwise, as the case may be, butprovided, however, that except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 301 of the above option applicable to this Section with respect to any Securities 303, each of or within a series, the Company and any other obligor on the Securities shall be released from its obligations under any covenant or provision contained in Sections 1004 to 1009905 through 908, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants and 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 coupons appertaining theretothe Defeased Securities, the Company and any other obligor of the Securities may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein or in such Defeased Securities to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default Default, under Section 501(4401(c), (d) or 501(8(g) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the ------------------- above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its ------------- ---- ----------- obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any ------------------- coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, ------------- ---- inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4clause (4) or 501(8(9) of Section ------- 501 or otherwise, as the case may be, but, except as specified above, the --- remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise under Section 301 of the above option applicable to this Section with respect to any Securities 303, each of or within a seriesthe Company, the Company Guarantors and any other obligor on the Securities shall be released from its obligations under any covenant or provision contained in Sections 1004 to 1009905 through 916, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental hereto, with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such the Defeased Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 1009, inclusive, or such other covenantcovenants and 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 the Defeased Securities, the Company, the Guarantors and any coupons appertaining thereto, other obligor of the Company Securities may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenantArticle, whether directly or indirectly, by reason of any reference elsewhere herein or in such Defeased Securities to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document and such omission to comply shall not constitute a default Default or an Event of Default Default, under Section 501(4401(c), (d) or 501(8(f) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining thereto shall be unaffected thereby.

Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if any) to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Sections 1004 801, 1005 and 1006 (and any covenant made applicable to 1009, inclusive, and, if specified such Securities pursuant to Section 301, its obligations under any other covenant contained herein or ) and the occurrence of an event specified in any indenture supplemental hereto, Section 501(4) (with respect to any of Section 801, 1005 or 1006 or any such covenant) (and any other Event of Default applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision) shall not be deemed to be an Event of Default with respect to the Outstanding Securities and any coupons appertaining thereto of such series on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 801, 1005 and 1006 (and any other covenant made applicable to 1009, inclusive, or such other covenantSecurity pursuant to Section 301) and any such Events of Default, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Notwithstanding the defeasance by the Company of its obligations under Section 801, any successor shall be required to assume the Company's obligations under Section 607 as a condition to such succession.

Covenant Defeasance. Upon the Company's exercise of the above its option applicable (if applicable) to have this Section with respect SECTION 1503 applied to any Securities series of or within a seriesSecurities, the Company shall be released from its obligations under Sections 1004 SECTION 801 (and any covenant made applicable to 1009, inclusive, and, if specified such Securities pursuant to Section SECTION 301), its obligations under any other covenant contained herein or the occurrence of an event specified in any indenture supplemental hereto, SECTION 501(4) (with respect to SECTION 801 or any such covenant) (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 coupons appertaining thereto the provisions of ARTICLE THIRTEEN shall cease to be effective on and after the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "covenant defeasanceCOVENANT DEFEASANCE"), and such Securities and any coupons appertaining thereto shall thereafter be deemed not to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 SECTION 801 (and any other covenant made applicable to 1009, inclusive, or such other covenantSecurity pursuant to SECTION 301 and any such Events of Default), but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such the Outstanding Securities and any coupons appertaining theretoof such series, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or such other covenant, covenant whether directly or indirectly, indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwisedocument, as the case may be, but, except as specified above, but the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby. Notwithstanding the defeasance by the Company of its obligations under SECTION 801, any successor shall be required to assume the Company's obligations under SECTION 607 as a condition to such succession.

Covenant Defeasance. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be released from its obligations under Sections 1004 to 10091008, inclusive, and, if specified pursuant to Section 301, its obligations under any other covenant contained herein or in any indenture supplemental heretocovenant, with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "covenant defeasance"), and such Securities and any coupons appertaining thereto shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with Sections 1004 to 10091008, inclusive, or such other covenant, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to such Outstanding Securities and any coupons appertaining thereto, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set 73 80 forth in any such Section or such other covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of reference in any such Section or such other covenant to any other provision herein or in any other document and such omission to comply shall not constitute a default or an Event of Default under Section 501(4) or 501(8) or otherwise, as the case may be, but, except as specified above, the remainder of this Indenture and such Securities and any coupons appertaining thereto shall be unaffected thereby.