Common use of Defeasance and Discharge of Indenture Clause in Contracts

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“Legal Defeasance”), and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article Two and Section 4.02, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture and the Company’s obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company Issuer will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“Legal Defeasance”), and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the CompanyIssuer’s obligations with respect to such Notes under Article Two and Section 4.02, (c) the rights, powers, trusts, trust duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 and the CompanyIssuer’s obligations Obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company Issuer will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“Legal Defeasance”), and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the CompanyIssuer’s obligations with respect to such Notes under Article Two and Section 4.02, (c) the rights, powers, trusts, trust duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 and the CompanyIssuer’s obligations Obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Guarantors, will be discharged from any and all obligations in respect of this Supplemental Indenture and the a series of Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the such series of Notes (“Legal Defeasance”"LEGAL DEFEASANCE"), and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article Two and Section 4.024.02 hereof, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 hereof and the Company’s 's obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company ------------------------------------- will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“"Legal ----- Defeasance”"), and the Trustee, at the expense of the Company, shall execute ---------- proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article Two and Section 4.024.02 hereof, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 hereof and the Company’s 's obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“Legal Defeasance”), and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article Two and Section 4.02, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 and the Company’s obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Subsidiary Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (Aa) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“"Legal Defeasance”"), and the Trustee, at ---------------- the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions provisions, which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (Aa) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (bii) the Company’s 's obligations with respect to such Notes under Article Two and Section 4.024.02 hereof, (ciii) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 hereof and the Company’s obligations 's Obligations in connection therewith and (div) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Guarantors, will be discharged from any and all obligations in respect of this Supplemental Indenture and the a series of Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the such series of Notes (“Legal DefeasanceLEGAL DEFEASANCE”), and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article Two and Section 4.024.02 hereof, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 hereof and the Company’s obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The ------------------------------------- Company will be deemed to have paid and will, together with the Guarantors, will be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the 92nd day after the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“"Legal Defeasance”"), and the Trustee, at the expense of the Company, ---------------- shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article Two and Section 4.024.02 hereof, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 hereof and the Company’s 's obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance:

Defeasance and Discharge of Indenture. The Company will be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Supplemental Indenture and the Notes on the date of the deposit referred to in clause (A) of this Section 8.02, and the provisions of this Supplemental Indenture will no longer be in effect with respect to the Notes (“"Legal Defeasance”"), and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in clause (A) below payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article Two and Section 4.02, (c) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder, including, without limitation, Section 8.06 of the Base Indenture 7.07 and the Company’s 's obligations in connection therewith and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. The following conditions shall apply to Legal Defeasance: