Common use of Discharge and Defeasance Clause in Contracts

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity or redemption, as the case may be.

Appears in 4 contracts

Samples: First Supplemental Indenture (Sterling Bancorp), Supplemental Indenture (Customers Bancorp, Inc.), Sterling Bancorp

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Discharge and Defeasance. Subject to certain conditionsthe conditions set forth in the Indenture, the Company and the Guarantors at any time shall be entitled to terminate some or all of its their obligations under the Notes Indenture and the Indenture Notes or the Notes Guarantees, as applicable, if the Company deposits with the Trustee cash in United States dollars, U.S. dollars or non-callable U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal of, premium, if any, and accrued interest, interest on the Notes to the date of maturity redemption or redemptionStated Maturity, as the case may be.

Appears in 4 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, money or a combination thereof, in such amounts as will be sufficient, in U.S. government securities for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 4 contracts

Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Central Garden & Pet Co, Central Garden & Pet Co

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits or the Subsidiary Guarantors deposit with the Trustee cash in United States dollars, non-callable any combination of money or Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 3 contracts

Samples: LGI Homes, Inc., LGI Homes, Inc., LGI Homes, Inc.

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture and to the release of liens on the Collateral if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in thereof for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, Securities (including accrued and accrued interest, unpaid PIK Interest) to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 3 contracts

Samples: Indenture (Petroquest Energy Inc), Indenture (PetroQuest Energy, L.L.C.), Indenture (Petroquest Energy Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable U.S. Government SecuritiesObligations, or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principal, premium, if any, principal and accrued interest, to the date of maturity or redemption, as the case may be.

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Customers Bancorp, Inc.), First Supplemental Indenture (Customers Bancorp, Inc.), Customers Bancorp, Inc.

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Senior Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, or a combination thereof, Dollars in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal of, premium, if any, on and accrued interest, to interest on the date of maturity or redemption, as outstanding Senior Notes on the case may bestated maturity.

Appears in 2 contracts

Samples: First Supplemental Indenture (United Community Banks Inc), Second Supplemental Indenture (United Community Banks Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash money in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of, premium (if any), and discharge the entire indebtedness interest on the outstanding Notes for principalto, premiumbut excluding, if any, and accrued interest, to the date of deposit together with irrevocable instructions from the Company directing the Trustee to apply such funds to the payment thereof at maturity or redemption, as the case may be.

Appears in 2 contracts

Samples: Supplemental Indenture (TheRealReal, Inc.), Supplemental Indenture (Rayonier Advanced Materials Inc.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable sufficient money or U.S. Government Securities, or a combination thereof, in such amounts Obligations (as will be sufficient, in the opinion of a nationally recognized certified by an independent firm of independent certified public accountants, to pay ) for the payment of principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 2 contracts

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

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture with respect to the Notes if the Company deposits with the Trustee cash in United States dollars, non-callable money or U.S. Government Securities, or a combination thereof, in such amounts as will be Obligations sufficient, in the opinion of a nationally recognized firm of independent public accountantsaccountants expressed in a written certification thereof delivered to the Trustee, to pay for the payment of principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 2 contracts

Samples: First Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal of, premium, if any, on and accrued interest, to interest on the date of outstanding Notes on the stated maturity or redemptionon the applicable Redemption Date, as the case may be.

Appears in 2 contracts

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

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture with respect to the Notes if the Company deposits with the Trustee cash in United States dollars, non-callable money or U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Lear Corp), Second Supplemental Indenture (Lear Corp)

Discharge and Defeasance. Subject to certain conditionsconditions set forth in the Indenture, the Company at any time shall be entitled to terminate some or all of its their and the Guarantors’ obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, or a combination thereofmoney or, in such amounts as will be sufficientcertain cases, in U.S. Government Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 2 contracts

Samples: Indenture (Global Brass & Copper Holdings, Inc.), Supplemental Indenture (Metals USA Plates & Shapes Southcentral, Inc.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes 2017 Securities and the Indenture with respect to the 2017 Securities if the Company deposits with the Trustee cash in United States dollars, non-callable money or U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, 2017 Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Freeport McMoran Copper & Gold Inc

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, or non-callable Government SecuritiesObligations, or a combination thereofof cash and non-callable Government Obligations, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountantsaccountant, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal amount at maturity of, premium, if any, and accrued interest, to interest on the Notes on the stated date of maturity for payment thereof or redemptionon the applicable redemption date, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Spheris Leasing LLC)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the 2027 Notes and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of and discharge the entire indebtedness premium (if any) and interest on the outstanding 2027 Notes for principal, premium, if any, and accrued interest, to the date of when due at maturity or redemption, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Gap Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government SecuritiesObligations, or a combination thereofof United States dollars and Government Obligations, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountantsaccountant, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal amount, premium, if any, and accrued interest, to interest on the Notes on the stated date of maturity for payment thereof or redemptionon the applicable redemption date, as the case may be.

Appears in 1 contract

Samples: Indenture (Polypore International, Inc.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits or the Guarantors deposit with the Trustee cash in United States dollars, non-callable any combination of money or Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Dream Finders Homes, Inc.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations 151 8 under the Notes Securities and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable money or U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Travelcenters Realty Inc

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its and the Subsidiary Guarantors’ obligations under the Notes Notes, the Subsidiary Guarantee and the Indenture if the Company deposits with the Trustee cash in United States dollarsU.S. Dollars, non-callable Government Securities, or a combination thereof, in such amounts as will be sufficientfor the payment of principal of, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principal, interest and premium, if any, and accrued intereston, the outstanding Notes to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Briggs & Stratton Corp

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the 2023 Notes and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of and discharge the entire indebtedness premium (if any) and interest on the outstanding 2023 Notes for principal, premium, if any, and accrued interest, to the date of when due at maturity or redemption, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Gap Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture and to the release of liens on the Collateral if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in thereof for the opinion payment of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principal, premiuminterest and Additional Interest, if any, on the Securities (including accrued and accrued interest, unpaid PIK Interest) to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Petroquest Energy Inc)

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Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture and to the release of liens on the Collateral if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in thereof for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Petroquest Energy Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable or U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in thereof for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Petroquest Energy Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Government Securities, or a combination thereof, Dollars in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal of, premium, if any, on and accrued interest, to interest on the date of maturity or redemption, as outstanding Notes on the case may bestated maturity.

Appears in 1 contract

Samples: First Supplemental Indenture (United Community Banks Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company or a Subsidiary Guarantor deposits with the Trustee cash in United States dollars, non-callable money or U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm principal of independent public accountants, to pay (and discharge the entire indebtedness on the outstanding Notes for principal, premium, if any, on) and accrued interest, interest on the Outstanding Notes to the date of maturity redemption or redemptionStated Maturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Xto Energy Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the 2025 Notes and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of and discharge the entire indebtedness premium (if any) and interest on the outstanding 2025 Notes for principal, premium, if any, and accrued interest, to the date of when due at maturity or redemption, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Gap Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the Notes and the Indenture if if, among other things, the Company deposits with the Trustee Trustee, in trust, for the benefit of the Holders of the Notes, cash in United States U.S. dollars, non-callable Government Securities, or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, to pay the principal of, or premium (if any), interest and discharge the entire indebtedness on Additional Interest (if any) on, the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity or redemption, as the case may beNotes.

Appears in 1 contract

Samples: Indenture (Acco Brands Corp)

Discharge and Defeasance. Subject to certain conditionsthe conditions set forth in the Indenture, the Company at any time shall be entitled to terminate some or all of its their obligations under the Notes Indenture and the Indenture Notes, if the Company deposits with the Trustee cash in United States dollars, U.S. dollars or non-callable U.S. Government Securities, or a combination thereof, in such amounts as will be sufficient, in Obligations for the opinion payment of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principalprincipal of, premium, if any, and accrued interest, interest on the Notes to the date of maturity redemption or redemptionStated Maturity, as the case may be.

Appears in 1 contract

Samples: Indenture (CURO Group Holdings Corp.)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture if the Company deposits with the Trustee cash in United States dollars, non-callable Paying Agent sufficient money or U.S. Government Securities, or a combination thereof, in such amounts Obligations (as will be sufficient, in the opinion of a nationally recognized certified by an independent firm of independent certified public accountants, to pay ) for the payment of principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Magnum Hunter Resources Corp)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the 2031 Notes and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of and discharge the entire indebtedness premium (if any) and interest on the outstanding 2031 Notes for principal, premium, if any, and accrued interest, to the date of when due at maturity or redemption, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Gap Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes Securities and the Indenture and to the release of liens on the Collateral if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in thereof for the opinion payment of a nationally recognized firm of independent public accountants, to pay and discharge the entire indebtedness on the outstanding Notes for principal, premiuminterest and Additional Interest, if any, and accrued interest, on the Securities to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Indenture (Petroquest Energy Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some of or all of its obligations under the 2029 Notes and the Indenture if the Company deposits with the Trustee cash in United States U.S. dollars, non-callable U.S. Government Securities, Obligations or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, thereof sufficient to pay the principal of and discharge the entire indebtedness premium (if any) and interest on the outstanding 2029 Notes for principal, premium, if any, and accrued interest, to the date of when due at maturity or redemption, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Gap Inc)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to terminate some or all of its obligations under the Notes and the Indenture if the Company deposits with the Trustee cash in United States dollarsmoney, non-callable U.S. Government Securities, Securities or a combination thereof, in such amounts as will be sufficient, in Euro Government Securities for the opinion payment of a nationally recognized firm of independent public accountants, to pay principal and discharge the entire indebtedness interest on the outstanding Notes for principal, premium, if any, and accrued interest, to the date of maturity redemption or redemptionmaturity, as the case may be.

Appears in 1 contract

Samples: Supplemental Indenture (Jarden Corp)

Discharge and Defeasance. Subject to certain conditions, the Company at any time shall be entitled to may terminate some or all of its the obligations of the Company under the Notes and the Indenture if the Company irrevocably deposits in trust with the Trustee cash an amount in United States dollars, non-callable Government Securities, or a combination thereof, in such amounts as will be sufficient, in the opinion of a nationally recognized firm of independent public accountants, dollars sufficient to pay and discharge the entire indebtedness Indebtedness on the outstanding Notes Notes, not theretofore delivered for principalcancellation, premium, if any, including the principal of and accrued interestinterest on such Notes at such maturity, to the date of maturity Stated Maturity or redemptionredemption date, as the case may be.

Appears in 1 contract

Samples: Indenture (APW Supermarkets, Inc.)

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