Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 57 contracts
Samples: Indenture (Psi Energy Inc), Corning Finance B V, Indenture (King Pharmaceuticals Inc)
Defeasance and Discharge. Upon the Company's ’s exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions precedent set forth in Section 1304 13.3 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, upon Company Order and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and 13.4 as more fully set forth in such Section, payments in respect of the principal of and (any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 6.7, 10.2, and 100310.3, and any ancillary obligations, (3C) the rights, powers, trusts, duties duties, immunities, and immunities other provisions in respect of the Trustee hereunder under this Indenture, and (4D) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (if any) to have under this Section applied to any Securities 13.2 notwithstanding the prior exercise of its option (if any) under Section 13.3 with respect to have Section 1303 applied to the Securities of such Securitiesseries. Following a Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.
Appears in 32 contracts
Samples: Indenture (Valley National Bancorp), Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Independent Bank Corp)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 24 contracts
Samples: Indenture (Eplus Inc), Medtronic Inc, Indenture (Pioneer Energy Services Corp)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 17 contracts
Samples: Indenture (Cygnus Inc /De/), Reimbursement Agreement (Maxtor Corp), Read Rite Corp /De/
Defeasance and Discharge. Upon the Company's ’s exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions precedent set forth in Section 1304 below are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and 13.4 as more fully set forth in such Section, payments in respect of the principal of and (any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 6.7, 10.2, and 100310.3, and such ancillary obligations, (3C) the rights, powers, trusts, duties duties, immunities, and immunities other provisions in respect of the Trustee hereunder under this Indenture, and (4D) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (if any) to have under this Section applied to any Securities 13.2 notwithstanding the prior exercise of its option (if any) under Section 13.3 with respect to have Section 1303 applied to the Securities of such Securitiesseries. Following a Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.
Appears in 15 contracts
Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Indenture (United Community Banks Inc)
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section of any series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on the Securities of such Securities series when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.
Appears in 15 contracts
Samples: Indenture (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Tyler & Sanders Roads, Birmingham-Alabama, LLC
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 14 contracts
Samples: Indenture (Axys Pharmecueticals Inc), Cygnus Inc /De/, Sun Microsystems Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 14 contracts
Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 14 contracts
Samples: Indenture (Reliant Energy Inc), Indenture (Burlington Northern Santa Fe Corp), Indenture (Pacificare Health Systems Inc /De/)
Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such Securities series, as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”), and the Trustee shall deliver to the Company appropriate instruments of satisfaction, discharge and release. For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such Securities series to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company's ’s obligations with respect to the Securities of such Securities series under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (if any) provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Securities Defeasible Series notwithstanding the prior exercise of its option (if any) provided in Section 13.01 to have Section 1303 13.03 applied to the Outstanding Securities of such Securitiesseries.
Appears in 13 contracts
Samples: Indenture (FMC Corp), Indenture (FMC Corp), Indenture (FMC Corp)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such SectionSection 13.05, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 12 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)
Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such Securities series to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company's ’s obligations with respect to the Securities of such Securities series under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (if any) provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Securities Defeasible Series notwithstanding the prior exercise of its option (if any) provided in Section 13.01 to have Section 1303 13.03 applied to the Outstanding Securities of such Securitiesseries.
Appears in 12 contracts
Samples: Indenture (Wesbanco Inc), Indenture (Hancock Holding Co), Universal Stainless & Alloy Products Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 12 contracts
Samples: Indenture (Singing Machine Co Inc), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 12.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option (if any) to have Section 1303 12.03 applied to such Securities.
Appears in 11 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Gulf Inc), Indenture (United Rentals Inc /De)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 11 contracts
Samples: Gamco Investors, Inc. Et Al, Indenture (Unitrin Inc), Indenture (Gabelli Asset Management Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.
Appears in 7 contracts
Samples: Indenture (Wyne Systems Inc), Indenture (Integrated Electrical Services Inc), Indenture (Group Maintenance America Corp)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (option, if any) , to have this Section 1302 applied to any Securities or any series of Securities, as the case may beor if this Section 1302 shall otherwise apply to any Securities or any series of Securities, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (option, if any) , to have this Section 1302 applied to the Securities of any Securities series notwithstanding the prior exercise of its option (option, if any) , to have Section 1303 applied to such Securities.
Appears in 7 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.)
Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) provided in Section 1201 to have this Section 1202 applied to all the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"hereinafter, “defeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such all the Outstanding Securities of any series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same)) except for the following, subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium premium, if any, Additional Amounts, if any, and interest on such Securities when such payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 308, 1002 and 1003, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this ArticleArticle Twelve and the Company’s obligations to the Trustee under Section 607. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 7 contracts
Samples: Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc), Indenture (Arauco & Constitution Pulp Inc)
Defeasance and Discharge. Upon the Company's Corporation’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's Corporation’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Corporation may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
Defeasance and Discharge. Upon the CompanyOperating Partnership's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Operating Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyOperating Partnership's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Operating Partnership may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp), Vornado Realty Trust
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (Global Industries LTD), Forest Oil Corp
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities (and all obligations of any Guarantors with respect to any Guarantees shall be discharged) as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Mho, LLC, Mho, LLC, Indenture (M/I Homes of West Palm Beach, LLC)
Defeasance and Discharge. Upon the Company's exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions precedent set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and such obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied with respect to the Securities of such Securitiesseries.
Appears in 6 contracts
Samples: Ferro Corporation (Ferro Corp), Article Twelve (Ferro Corp), Ferro Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the direction and expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 6 contracts
Samples: Indenture (Fifth Third Capital Trust Iv), Fifth Third Bancorp, Fifth Third Bancorp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any such Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 14.03 applied to such Securities.
Appears in 5 contracts
Samples: Indenture (Bowater Inc), Senior Indenture (Bowater Inc), Bowater Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Twelve shall cease to be effective with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 5 contracts
Samples: Subordinated Indenture (Newfield Exploration Co /De/), Indenture (Rf Micro Devices Inc), Subordinated Indenture (Global Industries LTD)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantees of such Securities Securities, as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, or to convert such Securities in accordance with the provisions of Article Seventeen, (2) the Company's and each Subsidiary Guarantor's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and, if applicable, Article Seventeen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.
Appears in 5 contracts
Samples: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Highland Autoplex Inc), Spinnaker Exploration Co
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and written request of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.03 and 10034.04, (3) the rights, protections, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 5 contracts
Samples: Senior Indenture (Brighthouse Financial, Inc.), Subordinated Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)
Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.
Appears in 5 contracts
Samples: Tortoise North American Energy Corp, Tortoise Energy Capital Corp, Tortoise Energy Infrastructure Corp
Defeasance and Discharge. Upon the Company's exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 1303 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1003 and 10031102, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 305, 306, 307, 309, 402, 607, the last paragraph of Section 1003 and Sections 1104 and 1106, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities1302.
Appears in 4 contracts
Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Tampa Electric Co)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section 12.2 applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities or series of Securities as provided in this Section 12.2 on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2ii) the Company's obligations of the Company with respect to such Securities under Sections 3043.4, 3053.5, 306, 1002 10.2 and 100310.3, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4iv) the provisions set forth in this ArticleArticle 12. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section 12.2 applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.
Appears in 4 contracts
Samples: Indenture (Embraer S.A.), Indenture (Embraer S.A.), Embraer S.A.
Defeasance and Discharge. Upon the Company's ’s exercise of its option (option, if any) , to have this Section 1302 applied to any Securities or any series of Securities, as the case may be, or if this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal of and any premium premium, if any, and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle XIII. Subject to compliance with this ArticleArticle XIII, the Company may exercise its option (option, if any) , to have this Section 1302 applied to the Securities of any Securities series notwithstanding the prior exercise of its option (option, if any) , to have Section 1303 applied to such Securities.
Appears in 4 contracts
Samples: Indenture (Apple Inc.), Cisco Systems, Inc., Cisco Systems, Inc.
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 4 contracts
Samples: Indenture (Newmont Mining Corp /De/), M I Homes Inc, Newmont Mining Corp /De/
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: ; (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 4 contracts
Samples: Allegheny Technologies Incorporated (Allegheny Technologies Inc), Northrop Grumman Corp /De/, Arch Coal Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.05, 3053.06, 3063.07, 1002 10.02 and 1003, 10.03; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 14.03 applied to such Securities.
Appears in 4 contracts
Samples: Subordinated Indenture (Gsi Commerce Inc), Subordinated Indenture (Knoll Inc), Lincoln National Corp
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.05, 3053.06, 3063.07, 1002 10.02 and 1003, 10.03; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 4 contracts
Samples: Senior Indenture (Knoll Inc), Senior Indenture (Gsi Commerce Inc), Senior Indenture (Lincoln National Corp)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of the Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such the Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Securities and to have satisfied all its other obligations under such the Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such the Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such the Securities.
Appears in 3 contracts
Samples: Indenture (Allegheny Energy Supply Co LLC), Exelon Generation Co LLC, Allegheny Energy Supply Co LLC
Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest interest, if any, on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Gtrans LLC, Electric Generation LLC, Etrans LLC
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Hp Inc), Hewlett Packard Enterprise Co, Hp Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such SectionSection 13.05, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc), Indenture (Rosetta Stone Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Arizona Public Service Co, Ugly Duckling Corp, Ugly Duckling Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Staples Inc), Subordinated Indenture (State Street Corp), State Street Capital Trust Ii
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 3 contracts
Samples: Meta Financial Group Inc, Finjan Holdings, Inc., Meta Financial Group Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 3 contracts
Samples: Nextlink Communications Inc / De, Nextlink Communications LLC, Brooks Fiber Properties Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1004 and 10031010, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.), Indenture (Intercontinental Exchange, Inc.)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company and each Guarantor shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company and each Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s and such Guarantor’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1004 and 10031010, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc), Indenture (Intercontinentalexchange Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations and the provisions of Articles Twelve and Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.
Appears in 3 contracts
Samples: Brown Tom Inc /De, Brown Tom Inc /De, Brown Tom Inc /De
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 302, 303, 304, 305, 306, 1002 and 10031003 and with respect to the Trustee, including but not limited to those under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Anthem, Inc.), Indenture (Anthem, Inc.), Indenture (Wellpoint, Inc)
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section of any series (other than any convertible series) on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on the Securities of such Securities series when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1003 and 10031004, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1303.
Appears in 3 contracts
Samples: Dynegy Capital Trust Ii, Dynegy Capital Trust Iii, Dynegy Capital Trust Iii
Defeasance and Discharge. Upon the Company's exercise election to effect a defeasance with respect to the Securities of its option (if any) a series pursuant to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied with respect to the Securities of such Securitiesseries.
Appears in 3 contracts
Samples: Ikon Office Solutions Inc, Alco Capital Resource Inc, Alco Standard Corp
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fifteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Hewlett Packard Enterprise Co, Brocade Communications Systems Inc, Epicor Software Corp
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities or any series of Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Cullen/Frost Bankers, Inc., Cullen/Frost Bankers, Inc., Cullen/Frost Bankers, Inc.
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s and the Guarantor’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 1002, 1004 and 10031010, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Intercontinental Exchange, Inc.), NYSE Holdings LLC, NYSE Holdings LLC
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities obligations, as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1503 applied to such Securities.
Appears in 3 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. If the Company exercises its defeasance option pursuant to this Section 1402, the Guarantee will terminate with respect to that series of Securities. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Senior Indenture (Penn Virginia MC CORP), Indenture (Penn Virginia Oil & Gas, L.P.)
Defeasance and Discharge. Upon the Company's ’s exercise of its the option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: ; (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: DH Europe Finance II S.a.r.l., DH Europe Finance II S.a.r.l., Danaher Corp /De/
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to and (ii) the Subsidiary Guarantors shall each be released from their respective Subsidiary Guarantees, except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 3 contracts
Samples: Indenture (Universal Brixius Inc), Poindexter J B & Co Inc, Poindexter J B & Co Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper such instruments as may be reasonably requested by the Company acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 3 contracts
Samples: Fisher Scientific International Inc, Hartford Financial Services Group Inc/De, Fisher Scientific International Inc
Defeasance and Discharge. Upon the CompanyIssuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204(l) are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the CompanyIssuer's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Issuer may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.
Appears in 3 contracts
Samples: Energy Income & Growth Fund, Energy Income & Growth Fund, Energy Income & Growth Fund
Defeasance and Discharge. Upon the CompanyIssuer's exercise of its the option (if any) provided in Section 13.1 applicable to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the CompanyIssuer's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 3.7, 10.2 and 100310.3, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle 13. Subject to compliance with this ArticleArticle 13, the Company Issuer may exercise its option (if any) to have this Section 13.2 applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including but not limited to those enumerated under Section 601, Section 603 and Section 607; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.
Appears in 2 contracts
Samples: Principal Financial (Principal Financial Group Inc), Principal Financial (Principal Financial Group Inc)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, protections, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 2 contracts
Samples: And (SiriusPoint LTD), Indenture (Jackson Financial Inc.)
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 311, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 2 contracts
Samples: Forest City Enterprises Inc, Forest City Enterprises Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions 100 set forth in Section 1304 12.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 12.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option (if any) to have Section 1303 12.3 applied to such Securities.
Appears in 2 contracts
Samples: Group Maintenance America Corp, Group Maintenance America Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on and any Additional Amounts with respect to such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) the provisions of this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Everest Re Group LTD)
Defeasance and Discharge. Upon the Company's exercise of its the above option (if any) applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities as provided in this Section series on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such Securities series to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 607, 1002 and 1003, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and (4D) this ArticleArticle Thirteen. Subject to compliance with this ArticleArticle Thirteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1302 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied with respect to the Securities of such Securitiesseries.
Appears in 2 contracts
Samples: Indenture (Meadwestvaco Corp), Indenture (Mead Corp)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities (and all obligations of any Guarantors with respect to any Guarantees shall be discharged) as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (M/I Homes of Grandview Yard, LLC), M/I Homes of Grandview Yard, LLC
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any applicable Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Alexanders Inc, Alexanders Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: ; (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Allegheny Technologies Inc, Northrop Grumman Corp /De/
Defeasance and Discharge. Upon the CompanyIssuer's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the CompanyIssuer's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company Issuer may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 2 contracts
Samples: Indenture (Globix Corp), Pinnacle Holdings Inc
Defeasance and Discharge. Upon the Company's Companies’ exercise of its their option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company Companies, Parent and any other Guarantors shall be deemed to have been discharged from its their respective obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company Companies shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompanies, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's Companies’ obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, and, if applicable, Article Fourteen, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company Companies may exercise its their option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its their option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (Genpact Luxembourg S.a.r.l.), Genpact LTD
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its any and all obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and the Guarantor, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from Company’s and the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's Guarantor’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.
Appears in 2 contracts
Samples: Third Point (Third Point Reinsurance Ltd.), Third Point (Third Point Re (USA) Holding Inc.)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) Article 8 the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) ARTICLE 9 the Company's ’s obligations with respect to such Securities under Sections 304Section 3.4, 305Section 3.5, 306Section 3.6, 1002 Section 10.2 and 1003Section 10.3, (3) and, if applicable, Article 14, Article 10 the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) Article 11 this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.
Appears in 2 contracts
Samples: Symantec Corp, Symantec Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen and Article Sixteen shall cease to be effective, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1304(1) are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Key3media Events Inc, Key3media Group Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 2 contracts
Samples: Liquid Media Group Ltd., Indenture (Mercury Finance Co)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section 11.2 applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 11.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 11.4 and as more fully set forth in such SectionSection 11.4, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities when payments are due, (2b) the Company's obligations with respect to such Securities under Sections 3042.7, 3052.8, 306, 1002 8.4 and 10038.17, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this ArticleArticle 11. Subject to compliance with this ArticleArticle 11, the Company may exercise its option (if any) to have this Section 11.2 applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 11.3 applied to such Securities.
Appears in 2 contracts
Samples: Midamerican Energy Holdings Co /New/, Trust Indenture (Williams Companies Inc)
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2i) the Company's ’s obligations with respect to such Securities under Sections 3043.05, 3053.06, 3063.07, 1002 10.02 and 1003, 10.03; (3ii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (4iii) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 14.03 applied to such Securities.
Appears in 2 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)
Defeasance and Discharge. Upon the Company's exercise of its the above option (if any) applicable to have this Section applied with respect to any Securities or any series of the Outstanding Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions precedent set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in Section 1304 and 1204 as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2) the Company's obligations with respect to such Securities under Sections Section 304, 305, 306, 607, 1002 and 10031003 and such obligations as shall be ancillary thereto, (3) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (4) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 2 contracts
Samples: Indenture (Blount International Inc), CTR Manufacturing Inc
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1201 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided (other than its ongoing obligations in this Section respect of the payment of Additional Amounts) on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have under this Section applied to any Securities 1202 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1203.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.5, 3053.6, 306, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.
Appears in 2 contracts
Samples: Everest Re Capital Trust, Everest Re Group LTD
Defeasance and Discharge. Upon the Company's exercise of its the option (if any) provided in Section 1101 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, "Defeasancedefeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1104 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Eleven. Subject to compliance with this ArticleArticle Eleven, the Company may exercise its option (if any) to have under this Section applied to any Securities 1102 notwithstanding the prior exercise of its option (if any) to have under Section 1303 applied to such Securities1103.
Appears in 2 contracts
Samples: Georgia Gulf Corp /De/, Dover Corp
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Trustee acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such SectionSection 13.05, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2b) the Company's ’s obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (Teledyne Technologies Inc), Indenture (Teledyne Technologies Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may beNotes, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Notes to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities Notes when payments are due, (2) the Company's obligations with respect to such Securities Notes under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities Notes notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such SecuritiesNotes.
Appears in 2 contracts
Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (4) this ArticleArticle 13. Subject to compliance with this ArticleArticle 13, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.3 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (Brookfield Asset Management Ltd.), Subordinated Indenture (Brookfield Asset Management Ltd.)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including but not limited to those enumerated under Sections 601, 603 and 607; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any 68 Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Principal Financial Group Inc, Principal Financial Group Inc
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest (including any Additional Interest) on and any Additional Amounts with respect to such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, ; (32) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (43) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to the Securities of any Securities series, notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Allied Capital Corp, Allied Capital Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 3043.04, 3053.05, 3063.06, 1002 10.02 and 100310.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities. SECTION 13.03.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section 1302 applied to any Securities or any series of Securities, as the case may beNotes, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to such Securities Notes and the Note Guarantees as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities the Notes and to have satisfied all its other obligations under such Securities the Notes and this Indenture insofar as such Securities the Notes are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities the Notes to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities on, and Additional Interest, if any, with respect to, the Notes when payments are due, (2) the Company's obligations with respect to such Securities the Notes under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities the Notes notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securitiesthe Notes.
Appears in 2 contracts
Samples: Indenture (380 Development, LLC), Indenture (380 Development, LLC)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Berkshire Hathaway Inc, Geon Co
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities Securityholders to receive, solely from the trust fund described in Section 1304 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 3042.05, 3052.06, 3062.07, 1002 4.01, 4.02 and 10034.03, (3) the rights, protections, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 13.03 applied to such Securities.
Appears in 2 contracts
Samples: Indenture (AXA Equitable Holdings, Inc.), Indenture (AXA Equitable Holdings, Inc.)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "DefeasanceDEFEASANCE"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to the Securities of any Securities series notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: American International Group Inc, Aig Capital Trust I
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, each of the Company and the Guarantor shall be deemed to have been discharged from its respective obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and that each of the Company and the Guarantor shall be deemed to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 707, 1102 and 10031103, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 2 contracts
Samples: Mellon Financial Corp, Mellon Financial Corp
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called hereinafter, "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1204 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (2B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 311, 1002 and 1003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this ArticleArticle Twelve. Subject to compliance with this ArticleArticle Twelve, the Company may exercise its option (if any) to have this Section 1202 applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.
Appears in 2 contracts
Samples: Forest City Enterprises Inc, Indenture (Forest City Enterprises Inc)
Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section 1402 applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this ArticleArticle Fourteen. Subject to compliance with this ArticleArticle Fourteen, the Company may exercise its option (if any) to have this Section 1402 applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.
Appears in 2 contracts
Samples: Senior Indenture (Reliant Energy Services New Mexico LLC), Reliant Energy Services New Mexico LLC
Defeasance and Discharge. Upon the Company's ’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called "“Defeasance"”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities to receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when payments are due, (2) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 10031003 and with respect to the Trustee, including but not limited to those under Section 607, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article. Subject to compliance with this Article, the Company may exercise its option (if any) to have this Section applied to any Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 applied to such Securities.
Appears in 2 contracts
Samples: Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.)