Common use of Defeasance of Certain Obligations Clause in Contracts

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 6 contracts

Samples: Execusion Version (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc), Supplemental Indenture (Steel Dynamics Inc)

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Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clause (iii) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clause (iii) of Section 5.01, and clauses (d), (e) and (eg) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Notes, if:

Appears in 6 contracts

Samples: Kansas City Southern De Mexico, S.A. De C.V., Kansas City Southern, Kansas City Southern

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.11 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01, clause (d) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.12 through 4.19 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Outstanding Notes if:

Appears in 5 contracts

Samples: Indenture (Advanced Lighting Technologies Inc), And Voting Agreement (Advanced Lighting Technologies Inc), Indenture (Advanced Lighting Technologies Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.11 of this Indenture, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01 of this Indenture and clause (d) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.12 through 4.19 hereof, and clauses (e) and (f) of this Indenture, Section 6.01 hereof shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes ifupon:

Appears in 4 contracts

Samples: Viatel Inc, Viatel Inc, Viatel Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.11, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01 and clause (d) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.12 through 4.19, and clauses (e), (f) and (g) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes ifupon:

Appears in 4 contracts

Samples: Viatel Inc, Viatel Inc, Viatel Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and 4.11 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 4 contracts

Samples: Indenture (SPX FLOW, Inc.), Indenture (SPX FLOW, Inc.), Indenture (SPX Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01, and clauses (d), (e) and (eg) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Notes, if:

Appears in 4 contracts

Samples: Indenture (Kansas City Southern), Indenture (TFM Sa De Cv), Indenture (Kansas City Southern)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.05 4.10 and such omission shall be deemed not to be an Event of Default under Section 4.19, clause (c) of under Section 6.01 with respect to such clauses (iii) and (iv) under Section 5.01, clause (d) under Section 6.01 with respect to Sections 4.01, 4.02, 4.11 through 4.18 and 4.20 and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 3 contracts

Samples: Indenture (Allegiance Telecom Inc), Allegiance Telecom Inc, Allegiance Telecom Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.19, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.19, and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 3 contracts

Samples: Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Winstar Communications Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, Section 4.19 and such omission shall be deemed not to be an Event of Default under clause (cd) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.17, Section 4.19 and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Indenture (Bti Telecom Corp), Itc Deltacom Inc

Defeasance of Certain Obligations. The Company may omit --------------------------------- to comply with any term, provision or condition set forth in Sections 4.03 through 4.03, 4.05 and such omission 5.01 and clause (c) of Section 6.01 with respect to Sections 4.03, 4.05 and 5.01, and clause (c) of Section 6.01 shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Indenture (Aon Corp), Indenture (Aon Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, Section 4.19 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01 and clause (d) of Section 6.01 with respect to Sections 4.03 through 4.17, Section 4.19 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Knology Holdings Inc /Ga, Knology Inc

Defeasance of Certain Obligations. The Company may omit to --------------------------------- comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.16 and such omission shall be deemed not to be an Event of Default under Section 4.19, and clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01, clause (d) of Section 6.01 with respect to Sections 4.03 through 4.16 and Section 4.19 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: TVN Entertainment Corp, Diva Systems Corp

Defeasance of Certain Obligations. The Company (and the Guarantors) may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01, Sections 4.03 through 4.05 4.16, Section 4.19 and such omission shall be deemed not to be an Event of Default under Section 4.20 and clause (c) of Section 6.01 6.01, with respect to such clauses (iii) and (iv) of Section 5.01, and clause (d) of Section 6.01, with respect to Sections 4.03 through 4.16, Section 4.19 and Section 4.20 and clauses (de), (f) and (eg) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: American Trans Air Execujet Inc, American Trans Air Execujet Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iv) and (v) of Section 4.1 and Sections 4.03 3.3 through 4.05 3.19, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 5.1 with respect to clauses (iv) and (v) of Section 4.1 and Section 3.3 through 3.19, and clauses (d) and (e) of Section 6.01 of this Indenture, 5.1 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 2 contracts

Samples: Indenture (Calpine Corp), Calpine Corp

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in, and this Indenture shall no longer be in Sections 4.03 through 4.05 effect with respect to, the Company’s obligations set forth in Section 4.07 or Section 4.08; and such omission Section 6.01(c) shall be deemed not to be no longer constitute an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to ; provided the outstanding Notes iffollowing conditions have been satisfied:

Appears in 2 contracts

Samples: Indenture (Western Union CO), Indenture (Western Union CO)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.11, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 2 contracts

Samples: Indenture (Impsat Fiber Networks Inc), Indenture (Impsat Corp)

Defeasance of Certain Obligations. The --------------------------------- Company may omit to comply with any term, provision or condition set forth in clause (iii) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clause (iii) of Section 5.01 and Sections 4.03 through 4.18, and clauses (c), (d), (e), (f) and (eg) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes ifDefault upon:

Appears in 2 contracts

Samples: Icg Services Inc, Icg Services Inc

Defeasance of Certain Obligations. The Company may omit to --------------------------------- comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and such omission shall be deemed not to be an Event of Default under clause (ciii) of Section 6.01 5.1 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of DefaultSections 4.3 through 4.17, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Omnipoint Corp \De\, Omnipoint Corp \De\

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.05 4.12, 4.13 (except with respect to the corporate existence of the Company) and such omission shall be deemed not to be an Event of Default under clause 4.14 through 4.17 and clauses (c) of and (d) under Section 6.01 with respect to such clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.12, 4.13 (except with respect to the corporate existence of the Company) and 4.14 through 4.17, and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Indenture (Econophone Inc), Indenture (Econophone Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (d) and (e) of Section 4.1 and Sections 4.03 3.3 through 4.05 3.19, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 5.1 with respect to clauses (d) and (e) of Section 4.1 and Sections 3.3 through 3.19, and clauses (d) and (e) of Section 6.01 of this Indenture, 5.1 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 2 contracts

Samples: Indenture (All Star Gas Corp), Indenture (All Star Gas Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 clauses (v) and (vi) of Section 4.01 and Section 3.03 through 4.05 3.23, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 5.01 with respect to clauses (v) and (vi) of Section 4.01 and Sections 3.03 through 3.23, and clauses (d), (e) and (ef) of Section 6.01 of this Indenture, 5.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Security Agreement (Aes China Generating Co LTD), Security Agreement (Aes China Generating Co LTD)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.05 4.17 and such omission shall be deemed not to be an Event of Default under clause Section 4.19, clauses (c) of and (d) under Section 6.01 with respect to such clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.17 and Section 4.19, and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Indenture (McCaw International LTD), Nextel Communications Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Section 5.01(a)(3) and Sections 4.03 through 4.05 4.16 and such omission shall be deemed not to be an Event Sections 4.18 through 4.21 and breach of Default under clause (c) of Section 6.01 and clauses (da)(4), (a)(5) and (ea)(8) of under Section 6.01 of this Indenture, shall be deemed not to be Events of DefaultDefault (“Covenant Defeasance”), in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Manitowoc Co Inc), Supplemental Indenture (Manitowoc Co Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.17, and clauses (d), (e) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Indenture (Extended Stay America Inc), Indenture (Extended Stay America Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and 4.11 and such omission shall be deemed not to be an Event of Default under clause and clauses (c) of Section 6.01 and clauses ), (d) and (e) of Section 6.01 of this Indenture, Indenture shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 2 contracts

Samples: Sothebys, Indenture (Sothebys)

Defeasance of Certain Obligations. The Company (x) may omit to comply with any term, provision or condition set forth in clause (iii) of Section 11.01 and Sections 4.03 through 4.05 4.13; and such omission shall be deemed not to be an Event of Default under (y) clause (c) of Section 6.01 with respect to clause (iii) of Section 11.01, Section 4.11 and clauses Section 4.13; clause (d) and (e) of Section 6.01 with respect to Sections 4.03 through 4.13; and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (3) and (4) of Section 5.01 and Sections 4.03 through 4.05 4.18 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (d3) and (e4) of Section 5.01, clause (d) of Section 6.01 with respect to Sections 4.03 through 4.18 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, Default in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Pacificare Health Systems Inc /De/)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (3) and (4) of the first paragraph of Section 5.01 and Sections 4.03 through 4.05 4.11, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (d3) and (e4) of Section 5.01, clause (d) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.12 through 4.19 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes of any series if:

Appears in 1 contract

Samples: Jsce Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.13, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.13, and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 1 contract

Samples: GST Telecommunications Inc

Defeasance of Certain Obligations. The the Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, Section 4.19, Section 4.20 and such omission shall be deemed not to be an Event of Default under clause clauses (c) and (d) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.17, Section 4.19, Section 4.20, Section 4.21 and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Outstanding Notes if:

Appears in 1 contract

Samples: Innova S De Rl

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Section 5.01(a)(3) and Sections 4.03 through 4.05 4.16 and such omission shall be deemed not to be an Event Sections 4.18 through 4.20 and breach of Default under clause (c) of Section 6.01 and clauses (da)(4), (a)(5) and (ea)(8) of under Section 6.01 of this Indenture, shall be deemed not to be Events of DefaultDefault (“Covenant Defeasance”), in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Manitowoc Co Inc

Defeasance of Certain Obligations. The Obligors and the --------------------------------- Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.11 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to clauses (diii) and (eiv) of Section 5.01, clause (d) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.12 through 4.21 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, Default in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Renaissance Media Capital Corp

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.05 and such omission shall be deemed not to be an Event of Default under clause 4.11, clauses (c) of and (d) under Section 6.01 with respect to clauses (iii) and (iv) under Section 5.01 and Sections 4.03 through 4.11 and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Long Distance International Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 4.02 through 4.05 4.17, and such omission shall be deemed not to be an Event of Default under clause clauses (c) and (d) of Section 6.01 and clauses (diii) and (iv) of Section 5.01 and Sections 4.02 through 4.17, and clauses (e) and (f) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Central European Media Enterprises LTD

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Defeasance of Certain Obligations. The Company may --------------------------------- omit to comply with any term, provision or condition set forth in clause (iv) under Section 5.01 and Sections 4.03 through 4.05 4.10, Section 4.12, and such omission shall be deemed not to be an Event of Default under Section 4.20, clause (c) of under Section 6.01 with respect to such clause (iv) under Section 5.01, clause (d) under Section 6.01 and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Comple Tel Europe Nv

Defeasance of Certain Obligations. The Company may omit --------------------------------- to comply with any term, provision or condition set forth in clauses (iii) and (iv) under Section 4.01 and Sections 4.03 3.03 through 4.05 3.11 and such omission shall be deemed not to be an Event of Default under Section 3.20, clause (c) of under Section 6.01 5.01 with respect to such clauses (iii) and clauses (iv) under Section 4.01 and Sections 3.10 and 3.11, clause (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:under 77

Appears in 1 contract

Samples: Indenture (Loudcloud Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iv) and (v) of Section 4.1 and Sections 4.03 3.3 through 4.05 3.19, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 5.1 with respect to clauses (iv) and (v) of Section 4.1 and Section 3.3 through 3.19, and clauses (d) and (e) of Section 6.01 of this Indenture, 5.1 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:be

Appears in 1 contract

Samples: Indenture (Calpine Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and with respect to 73 clauses (diii) and (eiv) of Section 5.01, and clause (d) of Section 6.01 with respect to Sections 4.03 through 4.18 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Pagemart Wireless Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clause (iii) of Section 5.01, Sections 4.03 through 4.05 4.13 and such omission shall be deemed not to be an Event Section 4.19 of Default under this Indenture, and clause (c) of Section 6.01 and clauses with respect to clause (iii) of Section 5.01 of this Indenture, clause (d) and (e) of Section 6.01 with respect to Sections 4.01, 4.02, 4.14 through 4.18 and Section 4.20 hereof, and clauses (e) and (f) of this Indenture, Section 6.01 hereof shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes ifupon:

Appears in 1 contract

Samples: Indenture (Colo Com)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, and such omission shall be deemed not to be an Event of Default under clause (cd) of Section 6.01 with respect to such clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.17, and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Powertel Inc /De/

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 Section 4.15 and such omission clause (d) of Section 6.01 with respect to Section 4.15 shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:"

Appears in 1 contract

Samples: Bti Telecom Corp

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 clauses (2) and such omission shall be deemed not to be an Event of Default under clause (c3) of Section 6.01 8.01 and clauses (d) and (e) of Section 6.01 Sections 10.06 through 10.11 of this Indenture, and clauses (3), (4), (5), and (8) of Section 5.01 of this Indenture shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Outstanding Securities of any series if:

Appears in 1 contract

Samples: Warner Communications Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 Section 5.01 and such omission clause (b)(iv) of Section 6.01 with respect to Section 5.01, and clause (b)(iv) of Section 6.01 shall be deemed not to be a Default or an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Citizens Banking Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (3) and (4) under Section 5.01 and Sections 4.03 through 4.05 4.17 and such omission shall be deemed not to be an Event of Default under clause Section 4.19, clauses (c) of and (d) under Section 6.01 with respect to such clauses (3) and (4) under Section 5.01 and Sections 4.03 through 4.17 and Section 4.19, and clauses (de) and (ef) of under Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Nextel International Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01, and clauses (d), (e) and (eg) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities, if:

Appears in 1 contract

Samples: Indenture (Kansas City Southern)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and such omission 5.01 and clause (c) of Section 6.01 with respect to Sections 4.03 and 5.01, and clause (c) of Section 6.01 shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Debentures if:

Appears in 1 contract

Samples: Indenture (Aon Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause clauses (c) and (d) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.18, and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Supplemental Indenture (Lodgenet Entertainment Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17 and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to such clauses (iii) and (iv) of Section 5.01, clause (d) of Section 6.01, and Sections 4.03 through 4.17 and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Acme Metals Inc /De/

Defeasance of Certain Obligations. The Company may omit to ---------------------------------- comply with any term, provision or condition set forth in clause (iii) of Section 5.01 and Sections 4.03 through 4.05 4.18, and such omission shall be deemed not to be an Event of Default under clause clauses (c) and (d) of Section 6.01 with respect to clause (iii) of Section 5.01 and Sections 4.03 through 4.18, and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Silgan Holdings Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Section 5.01(a)(3) and Sections 4.03 through 4.05 4.16 and such omission shall be deemed not to be an Event Sections 4.18 through 4.20 and breach of Default under clause (c) of Section 6.01 and clauses (da)(4), (a)(5) and (ea)(8) of under Section 6.01 of this Indenture, shall be deemed not to be Events of DefaultDefault ("Covenant Defeasance"), in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Manitowoc Co Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 4.08, and such omission shall be deemed not to be an Event of Default under clause (c) of Section 6.01 with respect to Sections 4.03 through 4.08, and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Securities if:

Appears in 1 contract

Samples: Indenture (Winstar Communications Inc)

Defeasance of Certain Obligations. The Company may omit to --------------------------------- comply with any term, provision or condition set forth in clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.05 4.17, Section 4.19 and such omission shall be deemed not to be an Event of Default under clause (cd) of Section 6.01 with respect to clauses (iii) and (iv) of Section 5.01 and Sections 4.03 through 4.17, Section 4.19 and clauses (de) and (ef) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Itc Deltacom Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 and 4.11 and such omission shall be deemed not to be an Event of Default under clause clauses (c) of Section 6.01 and clauses ), (d) and (e) of Section 6.01 of this Indenture, Indenture shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Sothebys)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in clause (3) of Section 5.01 and Sections 4.03 through 4.05 4.10 and such omission shall be deemed not to be an Event of Default under clause Sections 4.19 and 4.20 and clauses (c) of Section 6.01 and clauses ), (d) and (e) of Section 6.01 with respect to Sections 4.01, 4.02 and 4.11 through 4.18 and clauses (e) and (f) of this Indenture, Section 6.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Ingram Micro Inc

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 Section 5.01 and such omission clause (c) of Section 6.01 with respect to Section 5.01, and clause (c) of Section 6.01 shall be deemed not to be an Event of Default under clause (c) of Section 6.01 and clauses (d) and (e) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes Debentures if:

Appears in 1 contract

Samples: Indenture (Aon Corp)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Section 5.01(a)(3) and Sections 4.03 through 4.05 4.16 and such omission shall be deemed not to be an Event Sections 4.18 through 4.21 and breach of Default under clause (c) of Section 6.01 and clauses (da)(4), (a)(5) and (ea)(8) of Section 6.01 of this Indenture, shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:under

Appears in 1 contract

Samples: First Supplemental Indenture (Manitowoc Co Inc)

Defeasance of Certain Obligations. The Company may omit to comply with any term, provision or condition set forth in Sections 4.03 through 4.05 clauses (iii) and such omission shall be deemed not to be an Event of Default under clause (civ) of Section 6.01 8.01 and Sections 10.03 through 10.11 and clause (3) of Section 5.01 with respect to clauses (iii) and (iv) of Section 8.01, clause (4) of Section 5.01 with respect to Sections 10.01, 10.02 and 10.12 through 10.19 and clauses (d5) and (e6) of Section 6.01 of this Indenture, 5.01 shall be deemed not to be Events of Default, in each case with respect to the outstanding Notes if:

Appears in 1 contract

Samples: Indenture (Time Warner Telecom Inc)

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