Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 45 contracts
Samples: Satisfaction and Discharge of Indenture (60 Degrees Pharmaceuticals, Inc.), Senior Indenture (VCI Global LTD), Default and Remedies (SharpLink Gaming, Inc.)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the reasonable written request and expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration Holders of transfer and exchange, and the Company’s right Securities of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders such series to receive payments of principal thereof Principal thereof, premium thereto, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)therefor, (db) the Company’s obligations with respect to the issuance of temporary Securities and the registration of transfer with respect to the Securities of such series, the Company’s right of optional redemption, substitution of mutilated, defaced, destroyed, lost or stolen Securities of such series and the maintenance an office or agency for payment for security payments held in trust pursuant to clause (i) hereof, (c) the rights, obligations and immunities of the Trustee hereunder hereunder, and (ed) the rights defeasance provisions contained in Article 10 of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of themthis Indenture; provided that the following conditions shall have been satisfied:
Appears in 14 contracts
Samples: Subordinated Indenture (MULTI COLOR Corp), Senior Indenture (MULTI COLOR Corp), Subordinated Indenture (AtriCure, Inc.)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (iA) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 9 contracts
Samples: Indenture (Aes Corporation), Indenture (Aes Trust Ii), Indenture (Aes Trust V)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders Holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 8 contracts
Samples: Banco Santander (Banco Santander (Brasil) S.A.), Banco Santander (Banco Santander (Brasil) S.A.), Banco Santander (Banco Santander (Brasil) S.A.)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any seriesNotes, on the 123rd day after the deposit referred to in clause (iA) hereof of this Section 8.02 has been mademade with respect to the Notes, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series Notes (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes, (c) rights of holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series Holders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 7 contracts
Samples: Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.), Indenture (Ipalco Enterprises, Inc.)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd 91st day after the deposit referred to in clause (iSection 8.08(i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of Holders to receive mandatory sinking fund payments, if any, (c) the issuance of temporary Securities or the substitution of mutilated, defaced, destroyed, lost or stolen Securities, (d) the rights, obligations powers, trusts, duties and immunities of the Trustee hereunder and (e) the rights of the Securityholders Holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of themthem (“Legal Defeasance”); provided that the following conditions in Section 8.08 below shall have been satisfied:.
Appears in 7 contracts
Samples: Tapestry, Inc., Tapestry, Inc., Tapestry, Inc.
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration Holders of transfer and exchange, and the Company’s right Securities of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders such series to receive payments of principal thereof Principal thereof, premium thereto, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)therefor, (db) the Company’s obligations with respect to the issuance of temporary Securities and the registration of transfer with respect to the Securities of such series, the Company’s right of optional redemption, substitution of mutilated, defaced, destroyed, lost or stolen Securities of such series and the maintenance of an office or agency for payment for security payments held in trust pursuant to clause (i) hereof, (c) the rights, obligations and immunities of the Trustee hereunder hereunder, and (ed) the rights defeasance provisions contained in Article 8 of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of themthis Indenture; provided that the following conditions shall have been satisfied:
Appears in 6 contracts
Samples: Genius Sports LTD, Genius Sports LTD, Iris Energy LTD
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b) the substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of Holders to receive mandatory sinking fund payments, if any, (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders Holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 6 contracts
Samples: Verisk Analytics, Inc., Verisk Analytics, Inc., Verisk Analytics, Inc.
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after date the deposit referred to in clause (i) hereof has been madeconditions set forth below are satisfied, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders Holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders Security holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 4 contracts
Samples: Avangrid, Inc., Indenture (Avangrid, Inc.), Avangrid, Inc.
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any seriesNotes, on the 123rd day after the deposit referred to in clause (iA) hereof of this Section 8.02 has been mademade with respect to the Notes, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series Notes (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes, (c) rights of holders Holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (e) the rights of the Securityholders of such series Holders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 3 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc), Indenture (DPL Inc)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (ia) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of the Holders to receive mandatory sinking fund payments, if any, (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (Western Union CO), Indenture (Western Union CO)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (ia) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of the Holders to receive mandatory sinking fund payments, if any, (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (TD AMERITRADE Online Holdings Corp.), Td Ameritrade Holding Corp
Defeasance and Discharge of Indenture. The (a) Unless otherwise provided with respect to a Series of Securities in accordance with Section 2.1, the Company shall will be deemed to have paid and shall will be discharged from any and all obligations in respect of the Securities of any series, such Series on the 123rd day after the date of the deposit referred to in clause (i) hereof has been madeSection 7.3(b)(i), and the provisions of this Indenture shall will no longer be in effect with respect to the Securities such Series, in each case subject to paragraph (d) of such series (this Section 7.3, and the Trustee, at the reasonable request of and at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: to (ai) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (bii) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesSecurities of such Series, (ciii) rights of holders Holders of such Series to receive payments of principal thereof and interest thereon, upon (iv) the original stated due dates therefor (but not upon acceleration)Company's obligations under Section 3.2, (dv) the rights, obligations and immunities of the Trustee hereunder and including those arising under Section 6.7 hereof, (evi) the rights of the Securityholders Holders of such series Series as beneficiaries hereof of this Indenture with respect to the property so deposited with the Trustee payable to all or any of them; them and (vii) the rights, obligations and immunities which survive as provided that the following conditions shall have been satisfied:in Section 7.3(c).
Appears in 2 contracts
Samples: Trustmark Capital Trust I, Trustmark Capital Trust I
Defeasance and Discharge of Indenture. The Company Issuer shall be deemed to have paid and shall be discharged from any and the entire Indebtedness on all obligations in respect of the Outstanding Securities of any series, on the 123rd day after date of the deposit referred to in clause subparagraph (ia) hereof has been madehereof, and the provisions of this Indenture Indenture, as it relates to such Outstanding Securities, shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s Issuer's right of optional redemption, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided PROVIDED that all of the following conditions shall have been satisfied:
Appears in 2 contracts
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided PROVIDED that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Choice One Communications Inc, Choice One Communications Inc
Defeasance and Discharge of Indenture. The Company Issuer shall be deemed to have paid and shall be discharged from any and the entire Indebtedness on all obligations in respect of the outstanding Securities of any series, on the 123rd 91st day after the date of the deposit referred to in clause subparagraph (ia) hereof has been madehereof, and the provisions of this Indenture Indenture, as it relates to such outstanding Securities, shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same, subject to the provisions of Section 10.7), except as to: (a1) rights of registration of transfer and exchange, and the Company’s Issuer's right of optional redemption, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that all of the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (American Biltrite Inc), Indenture (Congoleum Corp)
Defeasance and Discharge of Indenture. The Company shall will be deemed to have paid and shall will be discharged from any and all obligations in respect of the Securities of any series, Notes on the 123rd day after the deposit referred to in clause subparagraph (iA) hereof below has been made, and the provisions of this Indenture shall will no longer be in effect with respect to the Securities of such series Notes (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: to (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securitiessecurities, (c) rights of holders Holders to receive payments of principal thereof and premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and hereunder, (e) the rights of the Securityholders of such series Noteholders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, (f) the obligations of the Company to maintain a place of payment for the Notes under SECTION 3.1 hereof and (g) the maintenance by the Company of its existence; provided PROVIDED that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (Edison Mission Finance Co), Indenture (Edison Mission Energy)
Defeasance and Discharge of Indenture. The Company and each Subsidiary Guarantor shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (ia) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of the Holders to receive mandatory sinking fund payments, if any, (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (TD AMERITRADE Online Holdings Corp.), Owens Corning
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities Notes of any series, on the 123rd day after the deposit referred to in clause (iA) hereof of this Section 8.02 has been mademade with respect to the Notes of such series, and the provisions of this Indenture shall no longer be in effect with respect to the Securities Notes of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes of such series, (c) rights of holders Holders to receive payments of principal thereof thereof, premium, if any, of such series and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (e) the rights of the Securityholders Holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (DPL Inc), Indenture (Aes Corp)
Defeasance and Discharge of Indenture. The Company Issuer shall be deemed to have paid and shall be discharged from any and the entire Indebtedness on all obligations in respect of the outstanding Securities of any series, on the 123rd day after date of the deposit referred to in clause subparagraph (ia) hereof has been madehereof, and the provisions of this Indenture Indenture, as it relates to such outstanding Securities, shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s Issuer's right of optional redemption, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided PROVIDED that all of the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (Trans World Gaming Corp), Value Partners LTD /Tx/
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (iA) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Aes Corporation
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd 120th day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, ; (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, ; (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), ) ; (d) the rights, obligations and immunities of the Trustee hereunder hereunder; and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:;
Appears in 1 contract
Samples: Howard Bancorp Inc
Defeasance and Discharge of Indenture. The Company Subject to the Securityholders' right to convert, the Issuer shall be deemed to have paid and shall be discharged from any and the entire Indebtedness on all obligations in respect of the outstanding Securities of any series, on the 123rd 91st day after the date of the deposit referred to in clause subparagraph (ia) hereof has been madehereof, and the provisions of this Indenture Indenture, as it relates to such outstanding Securities, shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s Issuer's right of optional redemption, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided PROVIDED that all of the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Indenture (Trans World Gaming Corp)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, on demand of the Company accompanied by an Officers’ Certificate and an Opinion of Counsel and at the cost and expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Senior Indenture (Cobalt International Energy, Inc.)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd 120th day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: First Supplemental Indenture (Old Line Bancshares Inc)
Defeasance and Discharge of Indenture. The Company Corporate shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (ia) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, upon request and at the expense of the CompanyCorporate, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the CompanyCorporate’s right of optional redemption, if any, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of the Holders to receive mandatory sinking fund payments, if any, (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Indenture (Savyon Trust Group,inc)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and the entire Indebtedness on all obligations in respect of the Securities of any series, outstanding Notes on the 123rd 91st day after the date of the deposit referred to in clause subparagraph (ia) hereof has been madehereof, and the provisions of this Indenture Indenture, as it relates to such outstanding Notes, shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes, (c3) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series Noteholders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that all of the following -------- conditions shall have been satisfied:
Appears in 1 contract
Samples: Howmet International Inc
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities Secu- rities of any seriesSeries, on the 123rd day after the deposit referred to in clause (iA) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series Series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesSecurities of such Series, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Aes Corporation
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities Notes of any series, on the 123rd day after the deposit referred to in clause (iA) hereof has been mademade with respect to such series Notes, and the provisions of this Indenture shall no longer be in effect with respect to the Securities Notes of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes of such series, (c) rights of holders to receive payments of principal thereof thereof, premium, if any, of such series and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders Holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Indenture (Ipalco Enterprises Inc)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after series upon the deposit referred to in clause (ia) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a1) rights of registration of transfer and exchange, and the Company’s right of optional redemption, if any, (b2) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c3) rights of holders to receive payments of principal thereof thereof, premium, if any, and interest thereon, upon the original stated due dates therefor (but not upon acceleration)) and remaining rights of the Holders to receive Mandatory Sinking Fund Payments, if any, (d4) the rights, obligations and immunities of the Trustee hereunder and (e5) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities Notes of any seriesSeries, on the 123rd day after the deposit referred to in clause (i) hereof of this Section 8.05 has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities Notes of such series Series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes of such Series, (c) rights of holders Holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor therefore (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series Noteholders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Indenture (Aes Corporation)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (iA) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Aes Corporation
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any seriesNotes, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series Notes (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen SecuritiesNotes, (c) rights of holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor therefore (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series Noteholders as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Senior Indenture (Aes Corporation)
Defeasance and Discharge of Indenture. The Company shall will be deemed to have paid and shall will be discharged from any and all obligations in respect of the Securities of any series, series on the 123rd day after the date of the deposit referred to in clause (iA) hereof has been madeof this Section 4.02, and the provisions of this Indenture shall will no longer be in effect with respect to the Securities of such series (series, and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: to (ai) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (bii) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (ciii) rights of holders Holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (div) the rights, obligations and immunities of the Trustee hereunder and (ev) the rights of the Securityholders of such series Holders as beneficiaries hereof of this Indenture with respect to the property so deposited with the Trustee payable to all or any of them; provided provided, however, that the following conditions shall have been satisfiedsatisfied if:
Appears in 1 contract
Samples: Indenture (Time Warner Telecom Inc)
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s 's right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (iclause(i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Defeasance and Discharge of Indenture. The Company shall be deemed to have paid and shall be discharged from any and all obligations in respect of the Securities of any series, on the 123rd day after the deposit referred to in clause (i) hereof has been made, and the provisions of this Indenture shall no longer be in effect with respect to the Securities of such series (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except as to: (a) rights of registration of transfer and exchange, and the Company’s right of optional redemption, (b) substitution of apparently mutilated, defaced, destroyed, lost or stolen Securities, (c) rights of holders Holders to receive payments of principal Principal thereof and interest thereon, upon the original stated due dates therefor (but not upon acceleration), (d) the rights, obligations and immunities of the Trustee hereunder and (e) the rights of the Securityholders Security holders of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them; provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Uil Holdings Corp