Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 9 contracts

Samples: Indenture (Friedman Billings Ramsey Group Inc), Indenture (Liberty Property Limited Partnership), Indenture (Provident Companies Inc /De/)

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Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, (D) the rights of Holders to convert or exchange Securities, if any, in accordance with their terms, and (DE) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 8 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.03 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.06 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.07 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, receive solely from the trust fund funds described in Section 1404 4.06(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.04, 3063.05, 1002 3.06, 9.02 and 1003 9.03 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.01(b)(17); (Ciii) the rights, powers, powers trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.05 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 8 contracts

Samples: Indenture (Amerus Life Holdings Inc), Indenture (Metris Companies Inc), Indenture (Ocwen Financial Corp)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 7 contracts

Samples: Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall each be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) belowof this Section 1402, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: : (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, , (Bb) the Company's obligations of the Company with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005 with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (Dd) this Article. Subject subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 6 contracts

Samples: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Winnsboro DC, LLC)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 6 contracts

Samples: Indenture (Pseg Fossil LLC), Indenture (Deere John Capital Corp), Indenture (Deere & Co)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option specified in Section 10.3 applicable to this Section with respect to any the Securities of or within a series, the Company Issuer and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto and the related Guarantee on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company Issuer and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, thereto and the related Guarantee which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7 and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section, and to have satisfied all of its their other obligations under such Securities and any coupons Coupons appertaining thereto and the related Guarantee and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto and the related Guarantee are concerned (and the Trustee, at the expense of the CompanyIssuer or the Guarantor, as applicable, shall on an Issuer Order or Guarantor Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) Principal and interest, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the Company's Issuer and the Guarantor’s obligations with respect to such Securities under Sections 305Section 2.8, 306Section 2.9, 1002 Section 3.2 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 3.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Subject to compliance with this Article FourteenArticle, the Company Issuer or the Guarantor may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 10.5 with respect to such Securities and any coupons Coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 6 contracts

Samples: Subordinated Indenture (Enstar Finance LLC), Senior Indenture (Enstar Finance LLC), Junior Subordinated Indenture (Enstar Group LTD)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. Money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.

Appears in 5 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Deere & Co), Indenture (Pse&g Capital Trust Iii)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the Company's obligations with respect to a conversion or exchange of such Securities; (iv) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Dv) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 5 contracts

Samples: Senior Indenture (Mapco Inc), Senior Indenture (Mapco Inc), Subordinated Indenture (Eastern Environmental Services Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 5 contracts

Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty L P), Indenture (Carramerica Realty Corp)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are duedue and any right of such Holder to exchange such Securities for other Securities, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012 (but only to the extent that the Additional Amounts payable with respect to such Securities exceed the amount deposited in respect of such Additional Amounts pursuant to Section 1404 below), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Equity Office Properties Trust), Indenture (Crescent Real Estate Equities LTD Partnership), Indenture (Equity Office Properties Trust)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 13.4 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 13.5 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's and the Trustee's obligations with respect to such Securities under Sections 3051.13, 3061.14, 1002 3.4, 3.5, 3.6, 9.2 and 1003 9.3 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle 13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its the option under Section 1403 13.3 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 4 contracts

Samples: Trust Indenture (High Tide Inc.), Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)

Defeasance and Discharge. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto under this Indenture on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each of the Guarantors, if any, and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, and interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's ’s obligations with respect to such Defeased Securities under Sections 304, 305, 306, 307, 308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee’s rights under Section 606, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 4 contracts

Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "a “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C18); (iii) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 4 contracts

Samples: Indenture (Methes Energies International LTD), Indenture (Tengion Inc), Indenture (Netsol Technologies Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Level 3 Communications Inc), Indenture (Pep Boys Manny Moe & Jack)

Defeasance and Discharge. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each Guarantor and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each Guarantor and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, on and interest on, such Securities and any coupons appertaining thereto Securities, when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 607, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 4 contracts

Samples: Indenture (HBL LLC), Indenture (Atlantic Auto Funding Corp), Indenture (Uag Connecticut I LLC)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(18); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 4 contracts

Samples: Indenture (Public Service Co of North Carolina Inc), Indenture Agreement (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc)

Defeasance and Discharge. Upon In addition to the Company's exercise defeasance and discharge provisions set out in Section 403 of the above Indenture, the following defeasance provision shall apply to the Notes: The Company may, at its option applicable and at any time (including the exercise by the Company of a Covenant Defeasance (as defined herein)), elect to this Section have its obligations discharged with respect to any Securities the Notes (“Legal Defeasance”). In the event of or within a series, the Company shall be deemed to have been discharged from its obligations Legal Defeasance with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafterNotes, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 on all outstanding Notes and the other Sections provisions of this Indenture referred as it relates to in clauses such Outstanding Notes (A) and (B) below, and except to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto Notes to receive, solely receive from the trust fund funds described in Section 1404 and as more fully set forth in such Sectionsubparagraph (i) below, payments in respect payment of the principal of (and premium or Make-Whole Amountpremium, if any) and or interest, if any, on such Securities Notes on the Stated Maturity of such principal of (and premiums, if any) or interest or any coupons appertaining thereto when mandatory sinking fund payments or analogous payments applicable to the Notes on the day on which such payments are duedue and payable in accordance with the terms of the Indenture and of such Notes, (B) the Company's ’s obligations with respect to such Securities Notes under Sections 304, 305, 306, 1002 and 1003 and with respect to of the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011Indenture, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder under the Indenture, including without limitation Section 607 of the Indenture and (D) this ArticleArticle Four of the Base Indenture, which in each case shall survive until otherwise terminated or discharged hereunder) shall no longer be in effect, and the Trustee, at the expense of the Company, shall, upon Company Request, execute proper instruments acknowledging the same, provided that the conditions set out below have been satisfied. Subject to compliance with this Article FourteenIn addition, the Company may exercise may, at its option under this Section notwithstanding and at any time, elect to have the prior exercise obligations of its option under Section 1403 the Company with respect to the Notes be released with respect to covenants provided with respect to the Notes under Sections 301(14) or 901(2) of the Indenture (“Covenant Defeasance”), and the Trustee, at the expense of the Company, shall, upon Company Request, execute proper instruments acknowledging the same, provided that the conditions set out below have been satisfied. In the event of Covenant Defeasance, those events described under Section 501 of the Base Indenture and Article Seven of this Supplemental Indenture will no longer constitute an Event of Default. In order to exercise either Legal Defeasance or Covenant Defeasance: (i) the Company has deposited or caused to be deposited with the Trustee (or another corporate trustee appointed by the Company satisfying the requirements of Section 609 of the Indenture who shall have agreed to comply with the provisions of Article Four of the Base Indenture applicable to it), irrevocably (irrespective of whether the conditions in Subsections (ii), (iii), (iv), (v), (vi) and (vii) below have been satisfied, but subject to the provisions of Section 402(c) and the last paragraph of Section 1003 of the Indenture), as trust funds in trust, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of the Notes, with reference to this provision, (A) moneys in an amount, or (B) U.S. Government Obligations the scheduled principal of and interest on which in accordance with their terms will provide, not later than the due date of any payment moneys in an amount, or (C) a combination thereof, sufficient, in the case of (B) or (C) in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay and discharge, and which shall be applied by the Trustee (or such Securities other corporate trustee, as the case may be) to pay and discharge, at maturity or upon redemption, the principal of, any coupons appertaining theretomandatory sinking fund payments or analogous payments applicable to Notes (and premium, if any) and interest, if any, on such Outstanding Notes on the stated date for payment thereof or on the applicable redemption date, as the case may be; (ii) the conditions in Subsections (2), (3) and (5) of Section 403 of the Indenture have been satisfied; (iii) in the case of Legal Defeasance, the Company has delivered to the Trustee an Opinion of Counsel confirming that (A) the Company has received from, or there has been published by, the Internal Revenue Service a ruling or (B) since the date of the Indenture, there has been a change in the applicable federal income tax law, in either case to the effect that, and based thereon such Opinion of Counsel shall confirm that, the Holders of the Notes will not recognize income, gain or loss for Federal income tax purposes as a result of such Legal Defeasance and will be subject to federal income tax on the same amounts and in the same manner and at the same times, as would have been the case if such Legal Defeasance had not occurred; (iv) in the case of Covenant Defeasance, the Company has delivered to the Trustee an Opinion of Counsel confirming that the Holders of the Notes will not recognize income, gain or loss for Federal income tax purposes as a result of such Covenant Defeasance and will be subject to federal income tax on the same amounts and in the same manner and at the same times, as would have been the case if such Covenant Defeasance had not occurred; (v) the Company has delivered to the Trustee an Officers’ Certificate and an Opinion of Counsel, each stating that all conditions precedent provided for relating to the Legal Defeasance or the Covenant Defeasance, as the case may be, have been complied with; (vi) if such Notes are to be redeemed prior to final maturity (other than from mandatory sinking fund payments or analogous payments), notice of such redemption shall have been duly given pursuant to the Indenture or provision therefor satisfactory to the Trustee shall have been made; and (vii) if such deposit is to be made with a trustee, other than the Trustee, pursuant to subparagraph (i) above, such other trustee shall have delivered to the Trustee a certificate satisfactory in form to the Trustee stating that such deposit has been made in accordance with the provisions of Article Four of the Base Indenture and that such other trustee agrees to comply with the provisions of Article Four of the Base Indenture and the last paragraph of Section 1003 applicable to it, and the Trustee shall be fully protected in relying upon such certificate. In the event that any other trustee is appointed by the Company pursuant to Subsection (i) above, the Trustee shall have no responsibility with respect to the performance by such other trustee of its duties or with respect to any monies or U.S. Government Obligations deposited with such other trustee. Additionally, all references in the Indenture to Section 403 shall, vis-à-vis the Notes, be deemed to include amounts set aside as provided herein for a Legal Defeasance or a Covenant Defeasance.

Appears in 4 contracts

Samples: Supplemental Indenture (Ryland Group Inc), Fifth Supplemental Indenture (Ryland Group Inc), Fourth Supplemental Indenture (Ryland Group Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 1402 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A1) and (B2) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (D4) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers Inc)

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, each of the Company Partnership and the Guarantor (if the Securities of such series are Guaranteed Securities) shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto and under the Guarantee in respect thereof (if applicable, respectively) on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities), which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto thereto, and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities), and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership and the Guarantor (if the Securities of such series are Guaranteed Securities), shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C19); (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 4 contracts

Samples: Indenture (Pam Transportation Services Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Universal Truckload Services, Inc.)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (New Plan Realty Trust), Indenture (New Plan Realty Trust), Indenture (New Plan Realty Trust)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 14.2 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.5 and the other Sections of this Indenture referred to in clauses (A1) and (B2) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 10.2 and 1003 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this ArticleArticle XIV. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section 14.2 notwithstanding the prior exercise of its option under Section 1403 14.3 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Heritage Property Investment Trust Inc), Indenture (Beacon Properties L P), Indenture (Bradley Operating L P)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004 with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (SPX Corp), Indenture (SPX Corp), Indenture (KPMG Consulting Inc)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Obligors shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee, including, with respect to the Guarantor, release from its Guarantees of the Securities of such series, on the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "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 Outstanding Securities and Securities, any coupons appertaining theretothereto and any related Guarantee, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and Securities, any coupons appertaining thereto and any related Guarantee and this Indenture insofar as such Securities and Securities, any coupons appertaining thereto and any related Guarantee are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's Obligors’ obligations with respect to such Securities under Sections 305, 306, 1002 1102 and 1003 1103 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111112, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenFifteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Supplemental Indenture (Kimco Realty OP, LLC), Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty Corp)

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111009, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Gables Realty Limited Partnership), Indenture (Summit Properties Partnership L P), Indenture (Gables Realty Limited Partnership)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Bii) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111008, (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Chateau Communities Inc), Indenture (Walden Residential Properties Inc), Indenture (Chateau Communities Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Indenture Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Indenture Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Chartermac), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(a) (C19); (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 3 contracts

Samples: Indenture (Covenant Transportation Group Inc), Indenture (Celadon Group Inc), Indenture (Covenant Transportation Group Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any coupons Coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons Coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, thereto and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities of such series and any coupons Coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on or Additional Amounts with respect to such Securities and any coupons appertaining thereto Coupons when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011shall be ancillary thereto, (C3) the rights, powers, trusts, duties duties, indemnities, immunities and immunities other provisions in respect of the Trustee hereunder and (D4) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its option under Section 1403 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any coupons appertaining theretoof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc), Indenture (Nationwide Health Properties Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, a "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C18); (iii) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Advanced Energy Industries Inc), Indenture (Exact Sciences Corp), Indenture (Superconductor Technologies Inc)

Defeasance and Discharge. Upon the Company's exercise under Section 1201 of the above option applicable to this Section with respect to any Securities of or within a series1202, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities Notes and any coupons appertaining thereto the Note Guarantees on the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities Notes and any coupons appertaining theretothe Note Guarantees, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1205 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities Notes and any coupons appertaining thereto the Note Guarantees and this Indenture insofar as such Securities Notes and any coupons appertaining thereto Note Guarantees are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders holders of such Outstanding Securities and any coupons appertaining thereto outstanding Notes to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, receive payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any, on) and interestinterest and Liquidated Damages, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, (B) the Company's obligations with to issue temporary Notes, register the transfer or exchange of any Notes, replace mutilated, destroyed, lost or stolen Notes, maintain an office or agency for payments in respect to of the Notes and segregate and hold such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011payments in trust, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Twelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 1202 notwithstanding the prior exercise of its option under Section 1403 1203 with respect to such Securities and any coupons appertaining theretothe Notes.

Appears in 3 contracts

Samples: Indenture (Burke Flooring Products Inc), Indenture (Burke Industries Inc /Ca/), Indenture (Burke Industries Inc /Ca/)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(19); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 3 contracts

Samples: Indenture (Americas Carmart Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and of, premium or Make-Whole Amount, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.l(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Indenture (Ual Corp Capital Trust I)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's Issuer’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle 14. Subject to compliance with this Article Fourteen14, the Company Issuer may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 3 contracts

Samples: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company and any guarantors of the Securities shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1305 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1303 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Mindspring Enterprises Inc), Indenture (Mindspring Enterprises Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), ) except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional AmountsInterest, if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Semco Capital Trust), Indenture (Semco Capital Trust Iii)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasanceDEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (of, and premium or Make-Whole Amountpremium, if any) , and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company's obligation under Section 607 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (Precision Drilling Corp), Indenture (Petro Canada)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes purpose of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and through (B) belowD), inclusive, of this Section, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderherein: (A) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on and Additional Amounts, if any, with respect to such Securities and any coupons Coupons appertaining thereto when such payments are due, (B) the Company's and the Trustee's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and 1003, with respect to the payment payments of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Section 1301 and with respect to the rights, if any, of Holders to convert or exchange such Securities into Common Stock or other securities, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons Coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Sola International Inc), Indenture (Sola International Inc)

Defeasance and Discharge. Upon the CompanyOperating Partnership's ------------------------ exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Operating Partnership and, if applicable, the Company shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due; (ii) the Operating Partnership and, (B) if applicable, the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this Article. Subject to compliance with this Article Fourteen, the Company Operating Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Cabot Industrial Trust), Indenture (Cabot Industrial Properties Lp)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesseries and subject to Sections 1505 and 1506, the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations and, to the extent applicable, the Guarantor’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining theretorelated coupons. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default. Money and securities held in trust pursuant to this Section 1502 shall not be subject to Article Sixteen.

Appears in 2 contracts

Samples: Indenture Agreement (CBS Operations Inc.), Senior Subordinated Indenture (CBS Operations Inc.)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and cash interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations with respect thereto and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Medallion Financial Corp), Indenture (Medallion Financial Corp)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the request and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's Issuer’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, Section 606, the next to the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above defeasance option specified in Section 10.3 applicable to this Section 10.4 with respect to any the Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "hereinafter “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 Outstanding Securities and any coupons Coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7 and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section 10.4, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall on an Issuer Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interestinterest and Additional Amounts, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the Company's Issuer’s obligations with respect to such Securities under Sections 3052.8, 3062.9, 1002 3.2 and 1003 3.3 and with respect to the payment of Additional Amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 2.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Article X. Subject to compliance with this Article FourteenX, the Company Issuer may exercise its the option under this Section 10.4 notwithstanding the prior exercise of its the option under Section 1403 10.5 with respect to such Securities and any coupons Coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Subordinated Indenture (AXIS Specialty Finance LLC), Junior Subordinated Indenture (AXIS Specialty Finance LLC)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall each be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) belowof this Section 1402, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: : (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, , (Bb) the Company's obligations of the Company with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005 with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company's obligations related thereto, and (Dd) this Article. Subject subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations and the provisions of Article Seventeen shall cease to be effective with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (Dd) this ArticleArticle XIV. Subject to compliance with this Article Fourteen, XIV the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Franchise Finance Corp of America), Indenture (Franchise Finance Corp of America)

Defeasance and Discharge. Upon the Company's exercise of the ------------------------ above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this ---------- purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Security Capital U S Realty), Indenture (Security Capital U S Realty)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same, such instrument to be based (where trust funds have been deposited with another trustee in accordance with Section 14.04) solely and without independent investigation on the certification of that trustee that all conditions set forth in Section 14.04 have been satisfied), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's Issuer’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.05, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle XIV. Subject to compliance with this Article FourteenXIV, the Company Issuer may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Exhibit (Cooper Wiring Devices, Inc.), Execution Version (Eaton Corp PLC)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations and the provisions of Article Seventeen shall cease to be effective with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Unumprovident Financing Trust Iii), Indenture (Union Planters Corp)

Defeasance and Discharge. Upon the Company's exercise under Section 401 hereof of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other Indenture Obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 hereof and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and this Indenture, including obligations to the Trustee, if any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon written request in compliance with Section 103, shall execute proper instruments reasonably acceptable to it in form and substance acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 hereof and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, or interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111018 hereof, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, the Trustee's rights under Sections 606, 1303 and 1305 hereof and the Company's obligations in connection therewith, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 Sections 403 hereof with respect to the Securities. Section 403. Covenant Defeasance. Upon the Company's exercise under Section 401 hereof of the option applicable to this Section 403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1020, 1021, 1022, 1025 and 1317 hereof with respect to the Defeased Securities on and after the date the conditions set forth below are satisfied (hereinafter, "covenant defeasance"), and the Defeased Securities shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section or Article, whether directly or indirectly, by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under Section 501(2) or (3) hereof but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining theretoshall be unaffected thereby.

Appears in 2 contracts

Samples: Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and through (BD) below, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Debt Securities under Sections 304, 305, 306, 1002 and 1003 and 1003, with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 10111015, and with respect to any rights to convert or exchange such Debt Securities into Common Shares, Preferred Shares or other securities or property, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder (including, without limitation, those in Section 606 hereof) and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Dd) this ArticleArticle XIV. Subject to compliance with this Article Fourteen, XIV the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Summit Securities Inc /Id/), Indenture (Metropolitan Mortgage & Securities Co Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section 4.02 with respect to any Securities of or within a series, the Company and any other obligor upon the applicable series of Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and any other obligor under the applicable series of Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.05 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such series of Securities and any coupons appertaining thereto and this Indenture insofar as such series of Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 4.05 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, on and interest on, such Securities and any coupons appertaining thereto series of Securities, when such payments are due, (Bb) the Company's ’s obligations with respect to such Defeased Securities under Sections 3053.03, 3063.04, 1002 3.05, 3.07, 10.02 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder with respect to the Defeased Securities, including, without limitation, the Trustee’s rights under Section 6.07 and the Company’s and, if any, the Guarantors’, obligations in connection therewith, and (Dd) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 4.02 notwithstanding the prior exercise of its option under Section 1403 4.03 with respect to such Securities and any coupons appertaining theretoa series of Securities.

Appears in 2 contracts

Samples: Indenture (Geo MCF Lp, LLC), Indenture (Geo MCF Lp, LLC)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii)(B) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same)) and (ii) the Guarantors shall be released from all of their obligations under their Senior Guarantees and under Article 16 of this Indenture, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Obligors shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee, including, with respect to the Guarantor, release from its Guarantees of the Securities of such series, on the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "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 Outstanding Securities and Securities, any coupons appertaining theretothereto and any related Guarantee, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and Securities, any coupons appertaining thereto and any related Guarantee and this Indenture insofar as such Securities and Securities, any coupons appertaining thereto and any related Guarantee are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's Obligor’s obligations with respect to such Securities under Sections 305, 306, 1002 1102 and 1003 1103 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111111, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenFifteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Fourth Supplemental Indenture (Kimco Realty Corp)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1305 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s and the Trustee’s obligations with respect to such Securities under Sections 113, 114, 304, 305, 306, 1002 902 and 1003 903 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article Ten), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its the option under Section 1403 1303 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (Field Trip Health Ltd.), Indenture (Fortuna Silver Mines Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111008, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. In the event that the Company effects defeasance with respect to any series of Securities, the Guarantor shall be released from its Guarantee, if any, of the Securities of such series, except that the following obligations of the Guarantor under its Guarantee, if any, of such Securities shall survive such defeasance and remain in full force and effect: (1) the Guarantor’s Guarantee of the Company’s obligations with respect to the Securities of such series that survive such defeasance and (2) the Guarantor’s obligation, if any, to pay Additional Amounts in respect of any amounts payable under its Guarantee of such Securities.

Appears in 2 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), Indenture (PennyMac Corp.)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities series of or within a seriesOutstanding Securities, the Company shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities of such series and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to below in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under with respect to such Securities series and any coupons appertaining thereto and this Indenture insofar as such Securities series and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities series and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on on, such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities series under Sections 3053.04, 3063.05, 1002 3.07, 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities series as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Defeasance and Discharge. Upon the Company's Corporation’s exercise of the above option applicable provided in Section 16(a) to have this Section with respect 16(b) applied to any Securities of or within a seriesDefeasance Group, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such all the Outstanding Securities of such Defeasance Group as provided in this Section 16(b) on and any coupons appertaining thereto on after the date the conditions set forth below in Section 1404 16(d) are satisfied (hereinafter, "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 the Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, such Defeasance Group and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture Agreement insofar as the Securities of such Securities and any coupons appertaining thereto Defeasance Group are concerned (concerned, and the TrusteeCorporation and the Fiscal Agent shall, at upon the expense written request of the CompanyCorporation, shall execute proper instruments a written agreement acknowledging the samesame (which agreement shall be in form and substance reasonably satisfactory to the Fiscal Agent), except except, unless otherwise set forth in or pursuant to the applicable Corporation Certificate, for the following following, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders holders of the Securities of such Outstanding Securities and any coupons appertaining thereto Series to receive, solely from the trust fund described in Section 1404 16(d) and as more fully set forth in such Section, payments in respect of the principal of (and any premium or Make-Whole Amount, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, (Bii) the Company's Corporation’s obligations with respect to the Securities of any Defeasance Group that the text of such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on expressly provides shall survive such Securities as contemplated by Section 1011defeasance, (Ciii) the rights, powers, trusts, duties and immunities of the Trustee Fiscal Agent hereunder and (Div) this ArticleSection 16. Subject to compliance with this Article FourteenSection 16, the Company Corporation may exercise its option under Section 16(a) to have this Section 16(b) applied to the Outstanding Securities of any Defeasance Group notwithstanding the prior exercise of its option under provided in Section 1403 with respect 16(a) to have Section 16(c) applied to the Outstanding Securities of such Securities and any coupons appertaining theretoDefeasance Group.

Appears in 2 contracts

Samples: Fiscal Agency Agreement (Crown in Right of New South Wales), Fiscal Agency Agreement (Crown in Right of New South Wales)

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Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3053.04, 3063.05, 1002 3.06, 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (American Campus Communities Inc), Indenture (Camden Property Trust)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii)(B) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same)) and (ii) the Guarantors shall be released from all of their obligations under their Senior Guarantees and under Article 16 of this Indenture, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option agreement defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

Defeasance and Discharge. Upon The provisions of Article Eight of the Original Indenture shall be applicable to the Notes, except that Section 8.01(e) of the Original Indenture shall be deleted in its entirety and replaced, solely for purposes of the Notes, by the following: “In addition to the Company's exercise of the ’s rights above option applicable to under this Section 8.01, the Company may terminate all of its obligations under this Indenture with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Note and the other Sections of this Indenture referred to in clauses Guarantees, when: (A) all Notes theretofore authenticated and delivered (other than Notes which have been destroyed, lost or stolen and which have been replaced or paid as provided in Section 2.07 of the Original Indenture and Notes for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust) have been delivered to the Trustee for cancellation or (B) belowall such Notes not theretofore delivered to the Trustee for cancellation have become due and payable, will become due and payable at Stated Maturity within one year or are to be called for redemption by the Company within one year pursuant to Section 4.01 hereof, and the Company has irrevocably deposited or caused to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and be deposited with the Trustee, at under an irrevocable trust agreement, money or United States government obligations in an amount sufficient to pay principal of any interest on the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated Notes to their maturity or discharged hereunder: redemption; (Aii) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments Company has paid all sums payable hereunder in respect of the principal of Notes; (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Biii) the Company's obligations with respect Company has delivered irrevocable instructions to such Securities under Sections 305, 306, 1002 and 1003 and with respect the Trustee to apply the deposited money toward the payment of Additional Amountsthe Notes at Maturity or on the date of redemption, if any, on such Securities as contemplated by Section 1011, the case may be; and (Civ) the rights, powers, trusts, duties and immunities of Company has delivered to the Trustee hereunder an Officers’ Certificate and an Opinion of Counsel (D) as to legal matters), stating that all conditions precedent specified herein relating to the satisfaction and discharge of this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretoIndenture have been complied with.

Appears in 2 contracts

Samples: Supplemental Indenture (Standard Pacific Corp /De/), Supplemental Indenture (Standard Pacific Corp /De/)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Federal Mogul Corp), Indenture (Federal Mogul Corp)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company and the Guarantors shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's and the Guarantors' obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Federal Mogul U K Holdings Inc), Indenture (Federal Mogul Corp)

Defeasance and Discharge. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each of the Guarantors, if any, and any other obligor under the Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, and interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's ’s obligations with respect to such Defeased Securities under Sections 304, 305, 306, 307, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee’s rights under Section 606, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 2 contracts

Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1205 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1204 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1203 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Senior Indenture (Teligent Inc), Subordinated Indenture (Teligent Inc)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (Capital Lease Funding Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.Make-

Appears in 2 contracts

Samples: Indenture (First Union Real Estate Equity & Mortgage Investments), Indenture (First Union Real Estate Equity & Mortgage Investments)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities the Notes of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities Notes of such series and any coupons appertaining thereto the Note Guarantee related to such Notes on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities Notes and any coupons appertaining thereto, the Note Guarantee related to such Notes which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto Notes, such Note Guarantee and this Indenture insofar as such Securities Notes and any coupons appertaining thereto such Note Guarantee are concerned (and the Trustee, at the cost and expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Notes of such Outstanding Securities and any coupons appertaining thereto series to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities Notes under Sections 305Section 3.4, 306Section 3.5, 1002 Section 3.6, Section 9.2 and 1003 Section 9.3 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011, shall be ancillary thereto; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities Notes and any coupons appertaining theretothe Note Guarantee related to such Notes. Following a defeasance, payment of such Notes may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) belowof this Section 1402, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: : (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, , (Bb) the Company's obligations of the Company with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, and with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen, and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and and (Dd) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Teekay Shipping Corp), Indenture (Teekay Shipping Corp)

Defeasance and Discharge. Upon the Companycompany's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Debt Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and -43- 52 any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)

Defeasance and Discharge. Upon the Company's exercise ------------------------ of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (PennantPark Floating Rate Capital Ltd.), Indenture (Pennantpark Investment Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.5 and the other Sections of this Indenture referred to in clauses (A) and through (BD) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 10.1, 10.2 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.3, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.3 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons. Money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.

Appears in 2 contracts

Samples: Indenture (Imax Corp), Indenture (Imax Corp)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1305 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s and the Trustee’s obligations with respect to such Securities under Sections 113, 114, 304, 305, 306, 1002 902 and 1003 903 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article Ten), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its the option under Section 1403 1303 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (New Gold Inc. /FI), Trust Indenture (Osisko Gold Royalties LTD)

Defeasance and Discharge. Upon the CompanyPCS's exercise of the above option applicable to this Section 1402 with respect to any Securities of or within a series, the Company PCS shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company PCS shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses Paragraphs (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPCS, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: : (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, , (Bb) the CompanyPCS's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1009, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and hereunder, and (Dd) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company PCS may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Potash Corporation of Saskatchewan Inc), Indenture (Potash Corporation of Saskatchewan Inc)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust Inc)

Defeasance and Discharge. Upon the Company's exercise of the ------------------------ above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means ---------- that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (McLeodusa Inc), Indenture (McLeodusa Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's and the Guarantor's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 2 contracts

Samples: Indenture (Northwest Airlines Inc /Mn), Indenture (Northwest Airlines Inc /Mn)

Defeasance and Discharge. Upon The provisions of Article Eight of the Original Indenture shall be applicable to the Notes, except that Section 8.01(e) of the Original Indenture shall be deleted in its entirety and replaced, solely for purposes of the Notes, by the following: “In addition to the Company's exercise of the ’s rights above option applicable to under this Section 8.01, the Company may terminate all of its obligations under this Indenture with respect to any Securities the Notes and the Guarantees, and the Indenture will be discharged and will cease to be of or within a series, the Company shall be deemed to have been discharged from its obligations further effect with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Notes and the other Sections Guarantees (except as to rights of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all registration of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense transfer or exchange of the Company, shall execute proper instruments acknowledging the same), except for the following Notes which shall survive until otherwise terminated or discharged hereunder: all Notes have been cancelled), when: (i) either (A) all Notes theretofore authenticated and delivered (other than Notes which have been destroyed, lost or stolen and which have been replaced or paid as provided in Section 2.07 of the rights Original Indenture and Notes for which payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust) have been delivered to the Trustee for cancellation or (B) all such Notes not theretofore delivered to the Trustee for cancellation have become due and payable, will become due and payable at Stated Maturity within one year or are to be called for redemption by the Company within one year pursuant to Section 4.01 hereof, and the Company has irrevocably deposited or caused to be deposited in trust with the Trustee, under an irrevocable trust agreement, money or United States government obligations in an amount sufficient to pay principal of Holders of such Outstanding Securities and any coupons appertaining thereto interest on the Notes to receive, solely from their Stated Maturity or redemption; (ii) the trust fund described in Section 1404 and as more fully set forth in such Section, payments Company has paid all sums payable hereunder in respect of the principal of Notes; (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Biii) the Company's obligations with respect Company has delivered irrevocable instructions to such Securities under Sections 305, 306, 1002 and 1003 and with respect the Trustee to apply the deposited money toward the payment of Additional Amountsthe Notes at Stated Maturity or on the date of redemption, if any, on such Securities as contemplated by Section 1011, the case may be; and (Civ) the rights, powers, trusts, duties and immunities of Company has delivered to the Trustee hereunder an Officers’ Certificate and an Opinion of Counsel (D) as to legal matters), stating that all conditions precedent specified herein relating to the satisfaction and discharge of this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretoIndenture have been complied with.

Appears in 2 contracts

Samples: Supplemental Indenture (CalAtlantic Group, Inc.), Supplemental Indenture (CalAtlantic Group, Inc.)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Debt Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 1011, 1005; (C) the rights, powers, truststrustees, duties and immunities of the Trustee hereunder hereunder; and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1305 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s and the Trustee’s obligations with respect to such Securities under Sections Section 113, Section 114, Section 304, Section 305, Section 306, 1002 Section 902 and 1003 Section 903 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article Ten), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its the option under Section 1403 1303 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (Denison Mines Corp.), Indenture (Denison Mines Corp.)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesseries and subject to Sections 1505 and 1506, the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations and, to the extent applicable, the Guarantor's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining theretorelated coupons. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities the Notes of or within a series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities Notes of such series and any coupons appertaining thereto the Note Guarantees related to such Notes on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities Notes and any coupons appertaining thereto, the Note Guarantees related to such Notes which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto Notes, such Note Guarantees and this Indenture insofar as such Securities Notes and any coupons appertaining thereto such Note Guarantees are concerned (and the Trustee, at the cost and expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Notes of such Outstanding Securities and any coupons appertaining thereto series to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, ; (Bii) the Company's obligations with respect to such Securities Notes under Sections 305Section 3.4, 306Section 3.5, 1002 Section 3.6, Section 9.2 and 1003 Section 9.3 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011, shall be ancillary thereto; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities Notes and any coupons appertaining theretothe Note Guarantee related to such Notes. Following a defeasance, payment of such Notes may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Mesa Air New York, Inc.), Indenture (Mesa Air New York, Inc.)

Defeasance and Discharge. Upon the issuing Company's ’s exercise of the above its option applicable (if any) to have this Section with respect 13.02 applied to any Securities or any series of or within a seriesSecurities, as the case may be, such Company and the Guarantor (if the issuing Company is not the Guarantor) shall be deemed to have been discharged from its or their respective, as the case may be, obligations with respect to such Outstanding Securities as provided in this Section 13.02 on and any coupons appertaining thereto on after the date the conditions set forth in Section 1404 13.04 are satisfied (hereinafter, "defeasance"hereinafter called “Defeasance”). For this purpose, such defeasance Defeasance means that such Company and the Guarantor (if the issuing Company is not the Guarantor) shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its or their respective, as the case may be, other obligations under such Securities and any coupons appertaining thereto and Securities, this Indenture and the Guarantee (if the issuing Company is not the Guarantor) insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of such Company or the CompanyGuarantor, as applicable, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 13.04 and as more fully set forth in such Section, payments in respect of the principal of (and any premium or Make-Whole Amount, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) such Company’s and the Company's Guarantor’s (as applicable) respective obligations with respect to such Securities under Sections 3053.04, 3063.05, 1002 3.06, 10.02 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the issuing Company’s and the Guarantor’s (Das applicable) respective obligations in connection therewith, and (d) this Article. Subject to compliance with this Article FourteenArticle, the issuing Company may exercise its option under (if any) to have this Section 13.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 1403 with respect 13.03 applied to such Securities and any coupons appertaining theretoSecurities.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any the Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, hereinafter "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 Outstanding Securities and any coupons Coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7, clause (1) of this Section and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall on an Issuer Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the CompanyIssuer's obligations with respect to such Securities under Sections 3052.8, 3062.9, 1002 3.2 and 1003 3.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 2.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Article X. Subject to compliance with this Article FourteenX, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 10.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Indenture (Scottish Annuity & Life Holdings LTD), Senior Indenture (Nationwide Financial Services Inc/)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the B)the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (JDN Realty Corp), Indenture (Capstone Turbine Corp)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections Section 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Centerpoint Properties Corp), Indenture (Centerpoint Properties Trust)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 15.04 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 15.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 15.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if anypremium) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenFifteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 15.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Defeasance and Discharge. Upon the Company's exercise under Section 401 hereof of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 hereof and the other Sections Section of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 hereof and as more fully set forth in such Section, payments in respect of the principal of (and of, premium or Make-Whole Amount, if any) and interest, if any, and interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111018 hereof, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, the Trustee's rights under Section 606 hereof and the Company's obligations in connection therewith, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 hereof with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 2 contracts

Samples: Indenture (Styrochem International Inc), Indenture (Styrochem International LTD)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "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 Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's Issuer' s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, . if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Mack Cali Realty Corp), Indenture (Mack Cali Realty L P)

Defeasance and Discharge. Upon The following provisions shall apply to the Company's exercise Securities of each series unless specifically otherwise provided in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 301. In addition to discharge of this Indenture pursuant to Sections 401 and 403, in the above option applicable to this Section case of any series of Securities with respect to any which an amount sufficient to pay and discharge the entire indebtedness on such Securities not theretofore delivered to the Trustee for cancellation, for principal (and premium, if any) and interest, as certified pursuant to subparagraph (a) of or within a seriesSection 404 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by on all the Securities of such Outstanding Securities series as provided in this Section on and any coupons appertaining theretoafter the date the conditions set forth in Section 404 are satisfied, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections provisions of this Indenture referred with respect to the Securities of such series shall no longer be in clauses effect (Aexcept as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, defaced, destroyed, lost or stolen Securities of such series, (iii) rights of holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 404, payments of principal thereof and interest, if any, thereon upon the original stated due dates therefor (but not upon acceleration), and remaining rights of the holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 402 and (Bvi) belowthe rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called "Defeasance"), and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall each be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) belowof this Section 1402, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: : (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, , (Bb) the Company's obligations of the Company with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005 with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations related thereto and (Dd) this Article. Subject subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co)

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