Defeasance and Discharge of Securities of any Series. If this Section 403 is established, as contemplated by Section 301, to be applicable to Securities of any series, then notwithstanding Section 401, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that series, (b) the provisions of this Indenture as it relates to such Outstanding Securities (except as to the rights of Holders of Securities to receive, from the trust funds described in paragraph (1) below, (i) payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest on each Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the Indenture and of such Securities, (ii) the Company's obligations with respect to such Securities under Sections 305, 306, 902 and 903, (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenture) shall no longer be in effect, and (c) the Trustee, at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Health Management Associates Inc, Health Management Associates Inc
Defeasance and Discharge of Securities of any Series. (a) If this Section 403 is established, as contemplated by 4.03 has been specified in accordance with Section 301, 3.01 to be applicable to Securities of any series, then notwithstanding Section 4014.01, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that seriesseries and the coupons, (b) if any, appertaining thereto, the provisions of this Indenture as it relates to such Outstanding Securities and coupons (except as to (i) the rights of Holders of Securities of such series and coupons, if any, appertaining thereto, to receive, solely from the trust funds fund described in paragraph Clause (1) belowof this Section 4.03(a), (i) payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest interest, if any, on each such Securities on the Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the this Indenture and of such Securities, (ii) the Company's ’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 902 6.07, 10.02 and 903, 10.03 and (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenturehereunder) shall no longer be in effect, and (c) the Trustee, on demand of and at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:when
Appears in 2 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Meritor Electric Vehicles, LLC
Defeasance and Discharge of Securities of any Series. If this Section 403 is established, as contemplated by Section 301, 301 to be applicable to Securities of any series, then notwithstanding Section 401, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that seriesseries other than the obligation to pay Additional Amounts in excess of amounts deposited pursuant to Section 401 of this Indenture, (b) the provisions of this Indenture as it relates to such Outstanding Securities (except as to the rights of Holders of Securities to receive, from the trust funds described in paragraph subparagraph (1) below, (i) payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest and Additional Amounts, if any, then known on such Securities on each Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the Indenture and of such Securities, (ii) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 902 1002 and 903, (iii) 1003 and the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenturehereunder) shall no longer be in effect, and (c) the Trustee, at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:
Appears in 2 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Royal Caribbean Cruises LTD
Defeasance and Discharge of Securities of any Series. (a) If this Section 403 is established, as contemplated by 4.03 has been specified in accordance with Section 301, 3.01 to be applicable to Securities of any series, then notwithstanding Section 4014.01, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that seriesseries and the coupons, (b) if any, appertaining thereto, the provisions of this Indenture as it relates to such Outstanding Securities and coupons (except as to (i) the rights of Holders of Securities of such series and coupons, if any, appertaining thereto, to receive, solely from the trust funds fund described in paragraph Clause (1) belowof this Section 4.03(a), (i) payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest interest, if any, on each such Securities on the Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the this Indenture and of such Securities, (ii) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 902 6.07, 10.02, 10.03 and 903, 16.01 and (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenturehereunder) shall no longer be in effect, and (c) the Trustee, on demand of and at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:when
Appears in 1 contract
Samples: Rockwell Collins Inc
Defeasance and Discharge of Securities of any Series. If this Section 403 is established, as contemplated by 4.03 has been specified in accordance with Section 301, ------- 3.01 to be applicable to Securities of any series, then notwithstanding Section 401---- ------- 4.01, (a) the Company shall be deemed to have paid and discharged the entire ---- indebtedness on all the Outstanding Securities of that seriessuch series and the Coupons, (b) if any, appertaining thereto, the provisions of this Indenture as it relates to such Outstanding Securities and Coupons (except as to the rights of Holders of Outstanding Securities of such series and Coupons, if any, appertaining thereto to receive, from the trust funds described in paragraph subparagraph (1) below), (i) payment of the ---------------- principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest interest, if any, on each such Securities on the Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that such series on the day on which such payments are due and payable in accordance with the terms of the this Indenture and of such Securities, (ii) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 902 10.02, 10.03 and 903, (iii) ------------- ---- ----- ----- 15.01 the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenture----- hereunder) shall no longer be in effect, and (c) the Trustee, at the expense of the Company, shall shall, upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:
Appears in 1 contract
Samples: Indenture (Fortune Brands Inc)
Defeasance and Discharge of Securities of any Series. (a) If this Section 403 is established, as contemplated by 4.03 has been specified in accordance with Section 301, 3.01 to be applicable to Securities of any series, then notwithstanding Section 4014.01, (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Outstanding Securities of that seriesseries and the coupons, (b) if any, appertaining thereto, the provisions of this Indenture as it relates to such Outstanding Securities and coupons (except as to (i) the rights of Holders of Securities of such series and coupons, if any, appertaining thereto, to receive, solely from the trust funds fund described in paragraph Clause (1) belowof this Section 4.03(a), (i) payment of the principal of (and premium, if any) and any installment of principal of (and premium, if any) or interest interest, if any, on each such Securities on the Stated Maturity of such principal or installment of principal or interest or any mandatory sinking fund payments or analogous payments applicable to the Securities of that series on the day on which such payments are due and payable in accordance with the terms of the this Indenture and of such Securities, (ii) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 902 6.07, 10.02 and 903, 10.03 and (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (iv) the applicability of Article Four and Section 904 of this Indenturehereunder) shall no longer be in effect, and (c) the Trustee, on demand of and at the expense of the Company, shall upon Company Request, execute proper instruments acknowledging the same, provided that the following conditions shall have been satisfied:when
Appears in 1 contract
Samples: Maremont Exhaust Products, Inc.