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 Securities and any related coupons on the date the conditions set forth in Section 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 Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 7 contracts
Samples: Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect 1602 applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to be discharged from its obligations with respect to such Securities as provided in this Section 1602 on and any related coupons on after the date the conditions set forth in Section 14.04 1604 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company and any Subsidiary Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Subsidiary Guarantees and to have satisfied all of its other obligations under such Securities and any related coupons Subsidiary Guarantees and this Indenture insofar as such Securities and any related coupons Subsidiary Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1604 and as more fully set forth in such SectionSection 1606, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s and any Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenSixteen. Subject to compliance with this Article FourteenSixteen, the Company may exercise its option under (if any) to have this Section 14.02 1602 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1603 applied to such Securities and any related couponsSecurities.
Appears in 6 contracts
Samples: Subordinated Indenture (American Italian Pasta Co), Subordinated Indenture (Bay Valley Foods, LLC), Subordinated Indenture (Lear Corp)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Samples: Subordinated Indenture (Complete Management Inc), Indenture (Hub International LTD), Indenture (CCC Capital Trust Ii)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606 and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Samples: Indenture (Lifevantage Corp), Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc)
Defeasance and Discharge. Upon the Company’s '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 Securities and any related coupons on the date the conditions set forth in Section 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 Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 6 contracts
Samples: Indenture (New Pacific Metals Corp), Indenture (IM Cannabis Corp.), Indenture (Energy Fuels Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606, the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 6 contracts
Samples: Indenture (BSC Capital Trust Iii), Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp)
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 related coupons on the date the conditions set forth in Section 14.04 13.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related coupons.
Appears in 5 contracts
Samples: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable provided in Section 5.01 to have this Section 14.02 with respect 5.02 applied to any the Outstanding Securities of or within a seriesany Defeasible Series and subject to the proviso to Section 5.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series as provided in this Section 5.02 on and any related coupons on after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under the Securities of such Securities and any related coupons series and this Indenture insofar as the Securities of such Securities and any related coupons series are concerned (and the TrusteesTrustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), except for subject to the following which shall will survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons of such series when such payments are due, (Bb) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.052.05, 3.062.06, 10.02 2.07, 6.02, 6.03, and 10.0310.06, (Cc) the rights, powers, trusts, duties duties, and immunities of the Trustees hereunder Trustee hereunder, and (Dd) this Article Fourteen. V. Subject to compliance with this Article FourteenV, the Company may exercise its option under provided in Section 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option under provided in Section 14.03 with respect 5.01 to have Section 5.03 applied to the Outstanding Securities of such Securities and any related couponsseries.
Appears in 5 contracts
Samples: Indenture (Dow Corning Corp), Indenture (Louisiana Pacific Corp), Senior Indenture (CTS Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "DEFEASANCE"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 5 contracts
Samples: Junior Subordinated Debt Indenture (American International Group Inc), Subordinated Debt Indenture (American International Group Inc), Junior Subordinated Debt Indenture (Aig Capital Trust I)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 4 contracts
Samples: Indenture (Suncor Energy Inc), Indenture (Suncor Energy Inc), Indenture (Borg Warner Automotive Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor on the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company and any other obligor on the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.8, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.7, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 4 contracts
Samples: Indenture (Di Giorgio Corp), Indenture (Bally Total Fitness Holding Corp), Indenture (Bally Total Fitness Holding Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 1302 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05Section 304, 3.06Section 305, 10.02 Section 306, Section 1003, Section 1004, Section 1005 and 10.03the Company’s obligations to the Trustee under Section 607, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 1302 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 4 contracts
Samples: Indenture (AppLovin Corp), Indenture (Marvell Technology Group LTD), Indenture (Marvell Technology Group LTD)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Corporation’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.
Appears in 4 contracts
Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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: (Aa) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.05Section 2.07, 3.06Section 2.08, 10.02 Section 2.09, Section 4.02 and 10.03Section 4.03 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 3 contracts
Samples: Subordinated Indenture (Simmons First National Corp), Subordinated Indenture (Simmons First National Corp), Senior Indenture (Simmons First National Corp)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 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 represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations Obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations 's Obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 3 contracts
Samples: Indenture (Golden Sky Systems Inc), Indenture (Golden Sky DBS Inc), Indenture (Golden Sky Systems Inc)
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 related coupons on the date the conditions set forth in Section 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 3 contracts
Samples: Indenture (Zymeworks Inc.), Indenture (Zymeworks Inc.), Indenture (Pretium Resources Inc.)
Defeasance and Discharge. Upon the Company’s exercise by the Company 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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.
Appears in 3 contracts
Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 3 contracts
Samples: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 3.4, 3.06Section 3.5, 10.02 Section 3.6, Section 10.2 and 10.03Section 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 12.4 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer upon Issuer Request, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 12.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the CompanyIssuer’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and its obligations to the Trustee under Sections 6.7 and 12.5, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 12.3 applied to such Securities and any related couponsSecurities.
Appears in 3 contracts
Samples: Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO), Indenture of Trust (Kayne Anderson MLP Investment CO)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any the Outstanding Securities of or within a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series (except for certain obligations to register the transfer or exchange of Securities of such series, to replace stolen, lost or mutilated Securities of such series, and any related coupons to maintain paying agencies) on and after the date the conditions precedent set forth in Section 14.04 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 represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, Section 6.07, 10.02 and 10.0310.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenARTICLE XIV. Subject to compliance with this Article FourteenARTICLE XIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 3 contracts
Samples: Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc), Indenture (D & K Healthcare Resources Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Debt represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 3 contracts
Samples: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.05Section 2.07, 3.06Section 2.08, 10.02 Section 2.09, Section 4.02 and 10.03Section 4.03 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 3 contracts
Samples: Subordinated Indenture (Howard Bancorp Inc), Subordinated Indenture (Howard Bancorp Inc), Senior Indenture (Howard Bancorp Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 3 contracts
Samples: Indenture (Cendant Corp), Indenture (Cendant Corp), Indenture (Cendant Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 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 the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 3 contracts
Samples: Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp), Indenture (International Lease Finance Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable provided in Section 5.01 to have this Section 14.02 with respect 5.02 applied to any the Outstanding Securities of or within a seriesany Defeasible Series and subject to the proviso to Section 5.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series as provided in this Section 5.02 on and any related coupons on after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under the Securities of such Securities and any related coupons series and this Indenture insofar as the Securities of such Securities and any related coupons series are concerned (and the TrusteesTrustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), except for subject to the following which shall will survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons of such series when such payments are due, (Bb) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.052.05, 3.062.06, 10.02 2.07, 6.02, 6.03, and 10.0311.06, (Cc) the rights, powers, trusts, duties duties, and immunities of the Trustees hereunder Trustee hereunder, and (Dd) this Article Fourteen. V. Subject to compliance with this Article FourteenV, the Company may exercise its option under provided in Section 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option under provided in Section 14.03 with respect 5.01 to have Section 5.03 applied to the Outstanding Securities of such Securities and any related couponsseries.
Appears in 3 contracts
Samples: Indenture (Mercury Finance Co), Indenture (MFN Financial Corp), Indenture (Mercury Finance Co)
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 Securities and any related coupons on the date the conditions set forth in Section 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 Securities and any related couponsSecurities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Eldorado Gold Corp /Fi), Indenture (Ascend Wellness Holdings, Inc.)
Defeasance and Discharge. Upon the Company’s exercise In addition to discharge of the above option applicable Indenture pursuant to this Section 14.02 with respect to any Securities of or within a series401, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 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 on all the Securities of such Securities and any related coupons, which shall thereafter be deemed a series on the date of the deposit referred to be “Outstanding” only for the purposes in Clause (1) of Section 14.05 1304, and the other Sections provisions of this Indenture referred with respect to the Securities of such series shall no longer be in effect, (A) and except as to (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are duedue (other than by acceleration), (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and (C3) the rights, powers, trusts, obligations, duties and immunities of the Trustees hereunder Trustee hereunder), and the Trustee, at the expense of the Company, upon a Company Request, shall execute proper instruments acknowledging the same, if the applicable conditions set forth in Section 1304 are satisfied (D"Defeasance"). For this purpose, such Defeasance means that the Company (and any other obligor of the Securities of such series) shall be deemed to have paid and discharged the entire indebtedness represented by the Securities of such series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1305 and the rights and obligations referred to in Clauses (1) through (3) (inclusive) of this Article FourteenSection 1302, and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)
Defeasance and Discharge. Upon the Company’s exercise by the Company 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 related coupons on the date the conditions set forth in Section 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 Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which that shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03, with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, and 10.03with respect to the Trustee under Section 6.06 and the Authenticating Agent under Section 6.11, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its the option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company and the Guarantor, if applicable, shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons under the Guarantee in respect thereof as provided in this Section on and after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor, if applicable, shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for under the purposes of Section 14.05 and the other Sections of this Indenture referred to Guarantee in (A) and (B) below, respect thereof and to have satisfied all of its other obligations under such Securities and any related coupons Securities, such Guarantee and this Indenture insofar as such Securities and any related coupons the Guarantee in respect thereof are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany or the Guarantor, if 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's and, if applicable, the Guarantor's, obligations with respect to such Securities under Sections 3.053.6, 3.063.7, 10.02 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Dd) the provisions of this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Senior Indenture (Mutual Risk Management LTD), Senior Indenture (MRM Capital Trust Iii)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.063.07, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (Hughes Electronics Corp), Indenture (Estee Lauder Companies Inc)
Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 10.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 10.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.052.8, 3.062.9, 10.02 2.11, 3.2 and 10.033.4, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dd) this Article FourteenArticle; and (e) any payment obligations in respect of Securities of such series and any related coupons which are deemed not to be Outstanding under clause (c) of the definition thereof if such obligations continue to be valid obligations of the Company under applicable law. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 10.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (General Mills Inc), Indenture (General Mills Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any series of Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series, and any related coupons the provisions of Article Thirteen hereof shall cease to be effective, on and after the date the conditions precedent set forth in Section 14.04 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 represented by and obligations under the Outstanding Securities of such Securities and any related coupons, series which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 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 related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1504 as more fully set forth in such Section, payments in respect of the principal ofof 92 (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, and (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.03, (C) the rights, powers, trusts, duties 1003 and immunities of the Trustees hereunder and (D) this Article Fourteensuch obligations as shall be ancillary thereto. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to the Securities of such series. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.
Appears in 2 contracts
Samples: Indenture (Eg&g Inc), Indenture (Eg&g Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.. 103
Appears in 2 contracts
Samples: Indenture (CSC Holdings Inc), Indenture (Cablevision Systems Corp)
Defeasance and Discharge. Upon the Company’s Bank's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company Bank shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Bank shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyBank, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s Bank's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Bank may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee and the Securities Administrator, at the expense of the Company, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee and the Securities Administrator hereunder and (Dd) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (OM Asset Management PLC), Indenture (OM Asset Management PLC)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities, any tranche of Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities, any tranche of Securities or any series of Securities, as the case may be, each of the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons the Guarantee applicable thereto, as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Nomura America Finance, LLC), Indenture (Nomura America Finance, LLC)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (Encana Corp), Indenture (Thomson Reuters Corp /Can/)
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 and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 1304 are satisfied (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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its their respective other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Order, 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 to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) ), and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s and Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.03Article Fourteen and with respect to the Trustee under Section 606, (C) the rights, powers, trusts, duties duties, and immunities of the Trustees Trustee hereunder including pursuant to Section 606 hereof and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 15.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 15.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 11.02 and 10.0311.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 11.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 15.03 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1504 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (CCC Capital Trust Ii), Indenture (Cablevision Systems Corp)
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 The Company shall be deemed to have been discharged from its obligations with respect to any Securities or any series of Securities, and each Guarantor shall be deemed to have been discharged from its obligations with respect to its Guarantee of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304, in the case of defeasance, are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunderall the Securities of such series have in fact been paid in full: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, Article Fourteen, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Express Scripts Inc), Indenture (Priorityhealthcare.com, Inc.)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (United Technologies Corp /De/), Indenture (United Technologies Corp /De/)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and, if the Securities of such series are subordinated to any other obligations of the Company as contemplated by Section 3.1(s), provisions with respect to the subordination of such Securities shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bii) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities or any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Interoil Corp), Indenture (Interoil Corp)
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 related coupons on the date the conditions set forth in Section 14.04 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 Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.8 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including Section 6.6 and the penultimate paragraph of Section 14.5 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 2 contracts
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 related coupons on the date the conditions set forth in Section 14.04 13.04 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.052.07, 3.062.08, 10.02 2.09, 4.02 and 10.034.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to the Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 2 contracts
Samples: Indenture (Biomimetic Therapeutics, Inc.), Indenture (Biomimetic Therapeutics, Inc.)
Defeasance and Discharge. Upon the Company’s exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, 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 the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Company, each Guarantor, if any, and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 2 contracts
Samples: Indenture (Power Solutions International, Inc.), Indenture (Spartan Stores Inc)
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 seriesSecurities, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 1104 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1105 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 related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1104 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05207, 3.06209, 10.02 902 and 10.03903, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1103 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.
Appears in 2 contracts
Samples: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 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 Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A), (B) and (BC) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 603, 615, 1002, 1003 and 10.031009, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 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 the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1305 as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031004 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and the Company's obligations in connection therewith, and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 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 the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (D) this Article FourteenXII. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 2 contracts
Samples: Indenture (IVZ Inc), Indenture (IVZ Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 applied to any applicable series of Securities or any Securities of such series, as the case may be, the Company and the Guarantors (with respect to any Securities of or within a series, the Company Guaranteed Securities) shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantors (with respect to Guaranteed Securities) shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities and the Guarantors' obligations with respect to Guaranteed Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenThirteen. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 1302 applied to any applicable Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 2 contracts
Samples: Indenture (SSL South, LLC), Indenture (SSL South, LLC)
Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 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 the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and Trustee hereunder, (D) this Article FourteenXII and (E) the Company’s obligation to pay Additional Amounts under Section 10.04. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.
Appears in 2 contracts
Samples: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations under Section 607 and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 2 contracts
Samples: Indenture (Husky Energy Inc), Indenture (Husky Energy Inc)
Defeasance and Discharge. Upon the Company’s Operating Partnership's exercise of the above option applicable to this Section 14.02 1202 with respect to any Securities of or within a series, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, “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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1205 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 related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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: (A) the rights of Holders of such outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) interest, on such Securities and any related coupons when such payments are due, (B) the Company’s Operating Partnership's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder (including, without limitation, those in Section 606 hereof) and (D) this Article FourteenTwelve. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.Twelve,
Appears in 1 contract
Samples: Indenture (Amb Property Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and, if the Securities of such series are subordinated to any other obligations of the Company as contemplated by Section 301(19), provisions with respect to the subordination of such Securities shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities or any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, [Article 10] and 10.03with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by [Article 10] and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606 and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
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 seriesSection, the Company and the Parent Guarantor shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 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 represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany or the Parent Guarantor, 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 Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1304 as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s and the Parent Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, as applicable, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such Securities and any related couponsseries.
Appears in 1 contract
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 seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions set forth in Section 14.04 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 the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 the series of Securities and any related coupons defeased pursuant to this Section 1302 to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder (including its rights to be compensated and indemnified under Section 607 hereof) and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.
Appears in 1 contract
Samples: Senior Indenture (Home Loan Servicing Solutions, Ltd.)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 307, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Defeasance and Discharge. Upon the CompanyOperating Partnership’s exercise of the above option applicable to this Section 14.02 1202 with respect to any Securities of or within a series, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1205 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 related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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: (A) the rights of Holders of such outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyOperating Partnership’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder (including, without limitation, those in Section 606 hereof) and (D) this Article FourteenTwelve. Subject to compliance with this Article Fourteen, Twelve the Company Operating Partnership may exercise its option under this Section 14.02 1202 notwithstanding the prior exercise of its option under Section 14.03 1203 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (Amb Property Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option applicable (if any) to have this Section 14.02 with respect applied to any Securities and their related Guarantees or any series of or within a seriesSecurities and their related Guarantees, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Securities and any related coupons Guarantees as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Guarantees and to have satisfied all of its their other obligations under such Securities and any related coupons Guarantees and this Indenture insofar as such Securities and any related coupons Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute on Company Order proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's and the Guarantor's obligations with respect to such Securities under Sections 3.05304, 3.06305 and 306, 10.02 and 10.03the Company's obligations with respect to such Securities under Sections 1002 and 1003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company or the Guarantor may exercise its option under (if any) to have this Section 14.02 applied to any Securities and their related Guarantees notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any their related couponsGuarantees.
Appears in 1 contract
Samples: Indenture (Sprint Capital Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations and the provisions of Article Twelve shall cease to be effective, with respect to such Securities and any related coupons the Guarantors shall be deemed to have been discharged from their obligations with respect to the Guarantees of such Securities, if any, in each case, as provided in this Section on and after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, herein called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, its obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 15.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 15.05 and the other Sections of this Indenture referred to in (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 related coupons to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 11.02 and 10.0311.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 11.05; (Ciii) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Div) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 15.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Uranium Energy Corp)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligations under Section 607 and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Husky Energy Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons. As provided in Section 1614, money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.
Appears in 1 contract
Samples: Indenture (Cendant Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company or any Guarantor upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture Agreement (Protection One Alarm Monitoring Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1504 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 107 and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (CSC Holdings Inc)
Defeasance and Discharge. Upon the Company’s exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor on the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and any other obligor on the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on Cash Interest on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.8, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.7, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s Issuers’ exercise of the above option applicable to this Section 14.02 with respect to any Securities Notes of or within a seriesSeries, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to such Securities Outstanding Notes and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by such Securities Outstanding Notes and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities Notes and any related coupons and this Indenture insofar as such Securities Notes and any related coupons are concerned (and the Trustee or Trustees, at the expense of the CompanyIssuers, 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 Securities Outstanding Notes and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities Notes and any related coupons when such payments are due, (B) the Company’s Issuers’ obligations with respect to such Securities Notes under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Notes as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustee or Trustees hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company Issuers may exercise its their option under this Section 14.02 14.2 notwithstanding the prior exercise of its their option under Section 14.03 14.3 with respect to such Securities Notes and any related coupons.
Appears in 1 contract
Samples: Indenture (Brookfield Infrastructure Partners L.P.)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 12.1 hereof of the above option applicable to this Section 14.02 with respect to any Securities of or within a series12.2, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its their respective obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 12.4 hereof are satisfied (hereinafter, “"legal defeasance”"). For this purpose, such legal defeasance means that the Company and the Subsidiary Guarantors shall be deemed (i) to have paid and discharged their respective obligations under the entire indebtedness represented by such Outstanding Securities; provided, however, that the Securities and any related coupons, which shall thereafter continue to be deemed to be “"Outstanding” only " for the purposes of Section 14.05 12.5 hereof and the other Sections of this Indenture referred to in clauses (A) and (B) below, and (ii) to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense and direction 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 to receive, solely from the trust fund described in Section 14.04 12.4 hereof and as more fully set forth in such Section, payments in respect of the principal of, of (and premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, due (B) or at such time as the Company’s obligations with respect Securities would be subject to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) redemption at the rights, powers, trusts, duties and immunities option of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.in
Appears in 1 contract
Samples: Indenture (KCS Energy Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 75 81 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
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 seriesNotes, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Securities and any related coupons the Outstanding Notes on the date the conditions set forth in Section 14.04 13.04 are satisfied (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 Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Outstanding Notes and to have satisfied all of its their respective other obligations under such Securities and any related coupons Notes and this Indenture insofar as such Securities and any related coupons Notes are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Order, 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 Securities and any related coupons Outstanding Notes to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) ), and interest (if any) on such Securities and any related coupons Notes when such payments are due, (B) the Company’s and Guarantor’s obligations with respect to such Securities Notes under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03 and 10.03Article Thirteen and with respect to the Trustee under Section 6.06, (C) the rights, powers, trusts, duties duties, and immunities of the Trustees Trustee hereunder including pursuant to Section 6.06 hereof and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 14.02 12.02 notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to such Securities and any related couponsNotes.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s Corporation's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” Outstanding only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the CompanyCorporation, 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 to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s Corporation's obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company Corporation may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (IESI-BFC LTD)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 1201 applicable to this Section 14.02 Section, and subject to compliance with respect to any Securities of or within a seriesthis Article Twelve, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 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 represented by such the Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 at Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1203 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1001, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsTwelve.
Appears in 1 contract
Samples: Indenture (Eagle Food Centers Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1504 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 Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 307, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1008, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (Oneok Inc /New/)
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 The Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities and of any related coupons series to which this Section 1202 applies on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, “"defeasance”)") with respect to such Securities. For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments in form satisfactory to the Company and the Trustee acknowledging the same), except for the following obligations, which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option defease Securities under this Section 14.02 1202 notwithstanding the prior exercise covenant defeasance of its option such Securities under Section 14.03 with respect to such Securities and any related coupons1203.
Appears in 1 contract
Samples: Indenture (Heritage Media Corp)
Defeasance and Discharge. 66- Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any Securities of or within a seriesthe Securities, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 1203 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (Scholastic Corp)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons. Money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.
Appears in 1 contract
Samples: Indenture (Hub International LTD)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, 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 Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on and any premium on, such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and the Company’s obligations in connection therewith (including, but not limited to, Section 6.07), (d) the rights, if any, to convert or exchange the Securities of such series and (De) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (Rex Energy I, LLC)
Defeasance and Discharge. Upon the Company’s Companies' exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Companies and the Guarantor shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Companies shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related couponsthe Guarantee, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompanies, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s Companies' obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Companies may exercise its their option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Indenture (Us Industries 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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) on , on, such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Encana Corp)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Encana Corp)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Cendant Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities obligations, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, herein called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, its obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1503 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Samples: Senior Indenture (W&t Offshore Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that each of the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, 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 Defeased Securities and any related coupons to receive, solely from the defeasance trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.6, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s exercise by the Company 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 related coupons on the date the conditions set forth in Section 14.04 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 represented by such Outstanding Securities and any related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (VIQ Solutions Inc.)
Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 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 Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A), (B) and (BC) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.031012, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Agrium Inc)
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Debt represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if -44- any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise under Section 12.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series12.02, the Company Company, the Guarantors and all parties to the Collateral Documents shall be deemed to have been discharged from its their obligations with respect to such Securities all Outstanding Securities, Guarantees and any related coupons Collateral Documents on the date the conditions set forth in Section 14.04 12.04 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 Securities and any related couponsthe Outstanding Securities, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), and that all Collateral Documents will be deemed to have been released and discharged, 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 to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal ofof (premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations under Section 6.06, (D) this Article FourteenXII and (E) the Company's obligation to pay Additional Amounts under Section 10.23. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to such Securities and any related couponsthe Securities.
Appears in 1 contract
Samples: Indenture (Baytex Energy LTD)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 14.04 1504 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " 104 only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (CSC Parent Corp)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Vasogen Inc)
Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, and with respect to the Trustee under Section 6.07 and with respect to any rights of Holders of such Securities to convert or exchange, and the obligations of the Company to convert or exchange, such Securities into Company Common Stock or other securities or property as may be provided with respect to any Security or series of Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable provided in Section 1301 to have this Section 14.02 with respect 1302 applied to any the Outstanding Securities of or within a any series, the Company and any Guarantor (if applicable) shall be deemed to have been discharged from its obligations their obligations, and the provisions of Article Seventeen shall cease to be effective, with respect to the Outstanding Securities of such Securities series as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and any Guarantor (if applicable) shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such the Securities and any related coupons the Guarantee (if applicable) of such series and this Indenture insofar as the Securities of such Securities and any related coupons series are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons of such series when such payments are due, (B2) the Company’s 's and any Guarantor's (if applicable) obligations with respect to the Securities of such Securities series under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031006 and Article Sixteen, (C3) the rights, 74 powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, its rights under Section 607 and (D4) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under provided in Section 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any series notwithstanding the prior exercise of its option under provided in Section 14.03 with respect 1301 to have Section 1303 applied to the Outstanding Securities of such Securities and any related couponsseries.
Appears in 1 contract
Samples: Indenture (Nabors Industries LTD)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Ati Technologies Inc)
Defeasance and Discharge. Upon the Company’s '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 related coupons on the date the conditions set forth in Section 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 13.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (Celestica Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “"Outstanding” " only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract
Samples: Indenture (International Specialty Products Inc /New/)
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 related coupons on the date the conditions set forth in Section 14.04 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 related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, 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 to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 304, 3.06Section 305, 10.02 Section 306, Section 1002 and 10.03Section 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.
Appears in 1 contract