Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 13 contracts

Samples: Indenture (Wesbanco Inc), Indenture (Universal Stainless & Alloy Products Inc), Indenture (Hancock Holding Co)

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Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall deliver to the Company appropriate instruments of satisfaction, discharge and release. For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 13 contracts

Samples: Indenture (FMC Corp), Indenture (FMC Corp), Indenture (FMC Corp)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 10 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.05, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 10 contracts

Samples: Senior Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Senior Debt Indenture (Emmis Television License Corp of Topeka)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called hereinafter, DefeasanceDEFEASANCE”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.05, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 8 contracts

Samples: Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 [the covenant requiring the Company to maintain an office or agency for the payment of Securities] and 10.03[the covenant requiring the Company to hold in trust funds for the payment of Securities], (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series.

Appears in 5 contracts

Samples: Indenture (Philadelphia Suburban Corp), Indenture (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1301 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 1304 are satisfied (hereinafter called “hereinafter, "Defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section1304, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031007, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have Defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided with respect to Covenant Defeasance under Section 1303 in Section 13.01 to have Section 13.03 applied regard to the Outstanding Securities of such series.

Appears in 4 contracts

Samples: Indenture (Oge Energy Capital Trust I), Indenture (Oge Energy Capital Trust Ii), Indenture (NSP Financing Ii)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series.

Appears in 4 contracts

Samples: Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 15.01 to have this Section 13.02 15.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series and any related coupons as provided in this Section on and after the date the conditions set forth in Section 13.04 15.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 15.04 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest interest, if any, on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03 and 10.03any additional amounts under Section 10.05, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, but not limited to, pursuant to Section 6.07 and (4) this Article XIIIFifteen. Subject to compliance with this Article XIIIFifteen, the Company may exercise its option provided in Section 13.01 15.01 to have this Section 13.02 15.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 15.01 to have Section 13.03 15.03 applied to the Outstanding Securities of such seriesseries and any related coupons.

Appears in 4 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the with respect to such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the samesame provided to it by the Company), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 3 contracts

Samples: Indenture (New York Times Co), Indenture (New York Times Co), Indenture (RCC Western Stores, Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall execute appropriate instruments of satisfaction, discharge and release provided to it by the Company. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 3 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 3 contracts

Samples: Indenture (Wesbanco Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 [the covenant requiring the Company to maintain an office or agency for the payment of Securities] and 10.03[the covenant requiring the Company to hold in trust funds for the payment of Securities], (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series.

Appears in 3 contracts

Samples: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1304 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, due (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1301 to have Section 13.03 1303 applied to the Outstanding Securities of such series.

Appears in 3 contracts

Samples: Supplemental Indenture (Albertsons Companies, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Defeasance and Discharge. Upon the Company’s Issuers’ exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.01, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s Issuers’ obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company Issuers may exercise its their option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its their option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Indenture (Amerigas Finance Corp), Indenture (Amerigas Finance Corp)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 10.6(d) by a holder of Preferred Securities as a result of a Significant Event which occurs on or prior to the expiration of the No Call Period, to have this Section 13.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Securities, the Company shall, within thirty (30) days following its receipt of the Significant Event Election satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in the Section 13.04 13.2 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, upon Company Request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of the Securities of such series to receive, solely from the trust fund described in Section 13.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.042.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.03any additional Tax Sums under Section 10.5, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Resource Capital Corp.), Junior Subordinated Indenture (Resource Capital Corp.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.07, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have Defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided with respect to Covenant Defeasance under Section 14.03 in Section 13.01 to have Section 13.03 applied regard to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the request and expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 15.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 15.04 are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section15.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.09, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, (D) the rights of Holders of Outstanding Securities of such series to convert such Securities under Article XIV and (4E) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series 15.02 notwithstanding the prior exercise of its option provided with respect to covenant defeasance under Section 15.03 in Section 13.01 to have Section 13.03 applied regard to the Outstanding Securities of such series.

Appears in 2 contracts

Samples: Indenture (Hanover Compressor Co /), Indenture (Hanover Compressor Co /)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.08, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Interpublic Group of Companies Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series obligations, as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”), and, upon request of the Company, the Trustee shall deliver to the Company appropriate instruments of satisfaction, discharge and release. For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Tsakos Energy Navigation LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall 63 55 be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1301 to have Section 13.03 1303 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Albertsons Inc /De/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called hereinafter, “Defeasance”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2b) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.08, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have Defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have Covenant Defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Kennametal Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and the obligations of the Company with respect thereto and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Southside Bancshares Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 10.50(b) by a Holder of the Securities as a result of the receipt of a Change-in-Control Election on or prior to June 30, 2011, to have this Section 13.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Securities, the Company shall, within thirty (30) days following its receipt of the Change-in-Control Election satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in the Section 13.04 13.2 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, upon written request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: hereunder (1) the rights of Holders of the Securities of such series to receive, solely from the trust fund described in Section 13.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.042.4, 3.053.5, 3.063.6, 10.02 and 10.0310.2, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Comstock Homebuilding Companies, Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Table of Contents Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Hancock Holding Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1201 to have this Section 13.02 1202 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 1202 on and after the date the conditions set forth in Section 13.04 1204 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its of the Company's other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIIITwelve. Subject to compliance with this Article XIIITwelve, the Company may exercise its option provided in Section 13.01 1201 to have this Section 13.02 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 13.01 1201 to have Section 13.03 1203 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Indenture (Aetna Inc /Pa/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 6.07, 10.02 and 10.0310.08, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Interpublic Group of Companies Inc)

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Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium and other amounts, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s Issuers' obligations with respect to such Securities under Sections 3.03, 3.05, 3.06, 3.07, 7.01, 7.02, 10.01,10.02, the last paragraph of Section 10.05, Sections 13.05 and 13.06, as well as any obligation under the terms of the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03to maintain a registrar or paying agent, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers' obligations with respect therewith, and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company Issuers may exercise its their option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Meristar Hospitality Operating Partnership Lp)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: discharged (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.05, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Radio One Licenses LLC)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee Table of Contents hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Jefferies Group Capital Finance Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its any and all obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1301 to have Section 13.03 1303 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (General Growth Properties Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); PROVIDED, subject to HOWEVER, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when 84 such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.09, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Interpublic Group of Companies Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, tru sts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.08, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Debt Indenture (Interpublic Group of Companies, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1401 to have this Section 13.02 1402 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and any related coupons and to have satisfied all its other obligations under the Securities of such series series, and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the Trustee under Sections 607 and 1405, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIFourteen. Subject to compliance with this Article XIIIFourteen, the Company may exercise its option provided in Section 13.01 1401 to have this Section 13.02 1402 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1401 to have Section 13.03 1403 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1501 to have this Section 13.02 1502 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.011502, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1504 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights right of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1504 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIFifteen. Subject to compliance with this Article XIIIFifteen, the Company may exercise its option provided in Section 13.01 1501 to have this Section 13.02 1502 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.to

Appears in 1 contract

Samples: Subordinated Debt Securities Indenture (Noble Affiliates Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0113.1, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series -70- as provided in this Section on and after the date the conditions set forth in Section 13.04 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights right of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 13.1 to have Section 13.03 13.3 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Royal Gold Inc /De/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); PROVIDED, subject to HOWEVER, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.09, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 with respect to have covenant defeasance under Section 13.03 applied in regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Subordinated Debt Indenture (Interpublic Group of Companies Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to Ind-59 66 have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 6.7 and (4) this Article XIII13. Subject to compliance with this Article XIII13, the Company may exercise its option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 13.01 13.1 to have Section 13.03 13.3 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Patterson Energy Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0114.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 14.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 14.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option provided in Section 13.01 14.01 to have this Section 13.02 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 14.01 to have Section 13.03 14.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Jefferies Group LLC)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.011302, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1304 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights right of Holders holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option provided in Section 13.01 1301 to have this Section 13.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1301 to have Section 13.03 1303 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture Agreement (Noble Affiliates Inc)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 to have this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Primus Guaranty LTD)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 to have this Section 13.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to Section 13.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 13.04 are satisfied (hereinafter called hereinafter, DefeasanceDEFEASANCE”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 13.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.07, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option provided in Section 13.01 with respect to have Defeasance under this Section 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided with respect to Covenant Defeasance under Section 14.03 in Section 13.01 to have Section 13.03 applied regard to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (WPS Resources Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 13.0113.1, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series -70- as provided in this Section on and after the date the conditions set forth in Section 13.04 13.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1) the rights right of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option provided in Section 13.01 13.1 to have this Section 13.02 13.2 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 13.1 to have Section 13.03 13.3 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Royal Gold Inc /De/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 13.01 1201 to have this Section 13.02 1202 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 1202 on and after the date the conditions set forth in Section 13.04 1204 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its of the Company’s other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIIITwelve. Subject to compliance with this Article XIIITwelve, the Company may exercise its option provided in Section 13.01 1201 to have this Section 13.02 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 13.01 1201 to have Section 13.03 1203 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Senior Indenture (Aetna Inc /Pa/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 1401 to have this Section 13.02 1402 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 13.04 1404 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and any related coupons and to have satisfied all its other obligations under the Securities of such series series, and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 1404 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option 67 76 provided in Section 13.01 1401 to have this Section 13.02 1402 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 1401 to have Section 13.03 1403 applied to the Outstanding Securities of such series.

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 13.01 15.1 to have this Section 13.02 15.2 applied to the Outstanding Securities of any Defeasible Series and subject to Section 13.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series and any related coupons as provided in this Section on and after the date the conditions set forth in Section 13.04 15.4 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: hereunder (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 13.04 15.4 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2, 10.3 and 10.03any additional amounts under Section 10.5, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIIIFifteen. Subject to compliance with this Article XIIIFifteen, the Company may exercise its option provided in Section 13.01 15.1 to have this Section 13.02 15.2 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 13.01 15.1 to have Section 13.03 15.3 applied to the Outstanding Securities of such seriesseries and any related coupons.

Appears in 1 contract

Samples: Indenture (Motorola Inc)

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