Common use of Defeasance and Discharge Clause in 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 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 (Corning Finance B V), Indenture (Psi Energy Inc), Third Supplemental Indenture (PPG Industries Inc)

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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) 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 on, or any Additional Amounts with respect to, 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 1003, 10.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 51 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Fat Brands, 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: Subordinated Indenture (Medtronic Inc), Indenture (Eplus 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: Reimbursement Agreement (Maxtor Corp), Indenture (Micron Technology Inc), Indenture (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 15 contracts

Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group 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 (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC)

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 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 (Noram Energy Corp/), Subordinated Indenture (Cleco Corp), Indenture (Pacificare Health Systems 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 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 (Lsi Logic Corp), Indenture (Micron Technology Inc), Indenture (Axys Pharmecueticals Inc)

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 13 contracts

Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (Madrigal Pharmaceuticals, 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: Subordinated Indenture (Greenbrier Rail Holdings I, LLC), Indenture (United Rentals Inc /De), Senior Indenture (Wynne Systems 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 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: Indenture (Gamco Investors, Inc. Et Al), Indenture (Metlife Inc), Indenture (Gabelli Asset Management Inc)

Defeasance and Discharge. Upon the Company's Corporation’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 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 13.4 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 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 on, or any Additional Amounts with respect to, such Securities when payments are due, , (2) the Company's The Corporation’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 1003, 10.3, (3) the The rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (4) this ArticleThis Article 13. Subject to compliance with this ArticleArticle 13, the Company Corporation 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 8 contracts

Samples: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/), Indenture (FNB Corp/Fl/)

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 (Integrated Electrical Services Inc), Indenture (Fox Kids Worldwide 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 ’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: : (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 1003, 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 6 contracts

Samples: Indenture (Marathon Petroleum Corp), Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas 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 (Scholastic 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 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 (South Financial Group Inc), Senior Indenture (South Financial Group Inc), Senior Indenture (Global Industries LTD)

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 Agreement (Vornado Realty Trust), Indenture (Vornado Realty Trust)

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 1003, 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 6 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Marathon Petroleum 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: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, 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: Indenture (Ferro Corp), Indenture (Ferro Corp), Indenture (Ferro Corp)

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: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, 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 Bancorp), Indenture (Fifth Third Bancorp), Indenture (Dime Bancorp 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 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 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 5 contracts

Samples: Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia 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 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), Indenture (Bowater Inc), Indenture (Bowater 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: Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp), Indenture of Trust (Tortoise Energy Infrastructure 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 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.), Junior Subordinated Indenture (Brighthouse Financial, Inc.), Subordinated Indenture (Brighthouse Financial, 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 15 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 14, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (4) this Article. Subject , 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: Indenture (Cypress Semiconductor Corp /De/), Indenture (Solectron Corp), Subordinated Indenture (Ddi Corp)

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 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 5 contracts

Samples: Indenture (Nextlink Communications Inc /De/), Indenture (Nextlink Communications Inc /De/), Indenture (Nextlink Communications Inc / De)

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 5 contracts

Samples: Indenture (Apple Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, 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 (Rf Micro Devices Inc), Subordinated Indenture (Global Industries LTD), Subordinated Indenture (Forest Oil 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 (Tampa Electric Co), Indenture (Teco Energy 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 4 contracts

Samples: Indenture (Liquid Media Group Ltd.), Indenture (Toro Co), Indenture (Mercury Finance Co)

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: Indenture (Allegheny Technologies Inc), Indenture (Arch Coal Inc), Indenture (Northrop Grumman Corp /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 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 (M I Homes Inc), Indenture (M I Homes Inc), Indenture (Newmont Mining Corp /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 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 (Gsi Commerce Inc), Senior Indenture (Knoll Inc), Senior Indenture (Lincoln National Corp)

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 Netherlands Finance B.V.), Indenture (Embraer S.A.)

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 4 contracts

Samples: Subordinated Indenture (Equitable Holdings, Inc.), Junior Subordinated Indenture (Equitable Holdings, Inc.), Indenture (AXA Equitable Holdings, 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 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 4 contracts

Samples: Senior Indenture (Penn Virginia Oil & Gas, L.P.), Senior Indenture (Penn Virginia MC CORP), Senior Indenture (Penn Virginia 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 15 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 13.4 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 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, and, if applicable, Article 14, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 4 contracts

Samples: Indenture (NPS Pharmaceuticals Inc), Indenture (Cell Genesys Inc), Indenture (Cell Genesys 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 (Metro Capital Trust V), Subordinated Indenture (Knoll Inc), Subordinated Indenture (Gsi Commerce Inc)

Defeasance and Discharge. Upon the The Company's exercise of , at its option (if any) to have this Section applied to any Securities or any series of Securitiesoption, as the case may be, the Company shall ------------------------ be deemed to have been discharged from its obligations with respect to such the Securities as provided in this Section of or within a series on and after the date the conditions set forth in Section 1304 4.6 are satisfied (hereinafter called "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 Securities which shall thereafter be deemed to be "Outstanding" only for the purposes this Article 4, 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 on a Company Order execute proper instruments acknowledging the same), subject to except 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 funds described in Section 1304 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on such Securities when such payments are due, ; (2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003, (3b) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (4c) this ArticleArticle 4. Subject to compliance with this ArticleArticle 4, 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 under Section 1303 applied 4.5 with respect to such Securities.

Appears in 3 contracts

Samples: Indenture (Farmland Industries Inc), Indenture (St Paul Bancorp Inc), Indenture (St Paul Bancorp Inc)

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: Indenture (Ikon Office Solutions Inc), Indenture (Alco Capital Resource Inc), Indenture (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 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: Indenture (Meta Financial Group Inc), Indenture Agreement (Finjan Holdings, Inc.), Indenture (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 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), Indenture (Allegheny Energy Supply Co LLC), Indenture (Exelon Generation Co 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 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: Junior Subordinated Indenture (Fisher Scientific International Inc), Subordinated Indenture (Hartford Financial Services Group Inc/De), Subordinated Indenture (Fisher Scientific International 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, 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), Indenture (Hewlett Packard Enterprise Co), Indenture (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 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: Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.)

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: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.), Indenture (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 (Poindexter J B & Co Inc), Indenture (Universal Brixius Inc), Indenture (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 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 ’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 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 (State Street Corp), Indenture (Staples Inc), Indenture (State Street Capital Trust Ii)

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: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom 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 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: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp), Indenture (Arizona Public Service 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 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 3 contracts

Samples: Senior Indenture (SiriusPoint LTD), Indenture (Jackson Financial Inc.), Indenture (SiriusPoint 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 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)

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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: Indenture (Hewlett Packard Enterprise Co), Indenture (Brocade Communications Systems Inc), Indenture (Epicor Software 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 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: Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc), Indenture (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: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications LLC), Indenture (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: Senior Debt Indenture (Intercontinental Exchange, Inc.), Senior Debt Indenture (Intercontinental Exchange, Inc.), Subordinated Debt 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 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 ’s obligations with respect to such Securities under Sections 3043.4, 3053.5, 3063.6, 1002 10.2 and 1003, 10.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 3 contracts

Samples: Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide 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: Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund)

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: Indenture (Electric Generation LLC), Indenture (Etrans LLC), Indenture (Gtrans 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 12.5 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 12.5 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 304Section 3.4, 305Section 3.5, 306Section 3.6, 1002 Section 3.11 and 1003, Section 3.12, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 12.4 applied to such Securities.

Appears in 3 contracts

Samples: Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA 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 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 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 (Exodus Communications Inc), Indenture (Exodus Communications Inc)

Defeasance and Discharge. Upon the Company's exercise of its option (if any) to have this Section applied to any 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: Indenture (Healthcare Realty Trust Inc), Indenture (Capstone 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 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: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)

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, 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: Indenture (Alexanders Inc), Indenture (Alexanders 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: Indenture (Group Maintenance America Corp), Indenture (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 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 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 Securities notwithstanding the prior exercise of its option (if any) to have Section 1303 1203 applied to such Securities.

Appears in 2 contracts

Samples: Senior Indenture (Principal Financial Group Inc), Senior Indenture (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 11.04 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 11.04 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 3042.07, 3052.08, 3062.11, 1002 4.02 and 10034.07, and, if applicable, Article 12, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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 11.03 applied to such Securities.

Appears in 2 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology 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 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: Indenture (Wellpoint Inc), Indenture (Wellpoint 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 13.4 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 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, and, if applicable, Article 14, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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: Indenture (Waddell & Reed Capital Trust I), Indenture (Waddell & Reed Financial 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: Indenture (Aig Capital Trust I), Indenture (American International Group Inc)

Defeasance and Discharge. Upon the Company's ’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 1402 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 SectionSection 1406, 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, 1001, 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 any prior exercise of its option (if any) to have Section 1303 1403 applied to such Securities.

Appears in 2 contracts

Samples: Indenture (NMI Holdings, Inc.), Indenture (NMI 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, 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: Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)

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 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: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)

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 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 1404 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 Fourteen. Subject to compliance with this ArticleArticle Fourteen, the Company may exercise its option (if any) to have under this Section applied to any Securities 1402 notwithstanding the prior exercise of its option (if any) under Section 1403 with respect to have Section 1303 applied to the Securities of such Securities.series. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default. -63-

Appears in 2 contracts

Samples: Indenture (Platinum Underwriters Holdings LTD), Indenture (Platinum Underwriters Holdings 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 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 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, (32) the rights, powers, trusts, duties and immunities of the Trustee 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: Indenture, Indenture (Phoenix Companies 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 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: Senior Indenture (Everest Re Group LTD), Senior Indenture (Everest Re Capital Trust Iii)

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 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 ’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: Indenture (Gogo Inc.), Indenture (Gogo Inc.)

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

Samples: Indenture (Regency Centers Lp), Indenture (Regency Centers Lp)

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 3043.4, 3053.5, 3063.6, 1002 10.2 and 100310.3, and, if applicable, Article 14; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and 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: Indenture (Black Hills Corp /Sd/), Indenture (Black Hills Holding 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), Indenture (CTR Manufacturing 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), Subordinated Indenture (Reliant Energy Services New Mexico LLC)

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: Indenture (Georgia Gulf Corp /De/), Indenture (Dover Corp)

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 Securities as provided in this Section the Outstanding Notes, and the provisions of Article Eleven and Twelve hereof shall cease to be effective, 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 Securities the Outstanding 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 except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) 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 premium, if any) and interest on such Securities Notes when such payments are due, (2B) the Company's obligations with respect to such Securities Notes 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 2 contracts

Samples: Indenture (Loews Cineplex Entertainment Corp), Indenture (Loews Cineplex Entertainment 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 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 (Northrop Grumman Corp /De/), Indenture (Allegheny Technologies 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 ’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 Issuers’ 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 Issuers 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 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company Issuers 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 CompanyIssuers, 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 Issuers’ 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 Issuers 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 13.03 applied to such Securities.

Appears in 2 contracts

Samples: Senior Debt Indenture (Jefferies Group Capital Finance Inc.), Senior Debt Indenture (Jefferies Group Capital Finance 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 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

Samples: Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Phoenix Companies Inc/De)

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