Common use of Discharge and Defeasance Clause in Contracts

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section 4.02 and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on with respect to all the Securities of such a series as provided in this Section 4.02 on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.02 and Sections 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating Subject to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a)certain conditions, the Company at any time shall be deemed entitled to have paid and discharged terminate some or all of its obligations under the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, Notes and the provisions of this Indenture with respect to the Securities Notes if the Company deposits with the Trustee money or U.S. Government Obligations for the payment of such series shall no longer principal and interest on the Notes to redemption or maturity, as the case may be. Amendment, Waiver Subject to certain exceptions, the Indenture, the Subsidiary Guarantees (if any) or the Notes may be in effect (except as to (i) rights amended or supplemented with the consent of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of the Holders of Securities at least a majority in principal amount of such series to receivethe then outstanding Notes voting as a single class, solely from and any existing Default (other than a Default in the trust fund described in subparagraph (a) payment of Section 4.04, payments of the principal thereofof, premium, if any, and interestor interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Subsidiary Guarantees (if any, thereon upon ) or the original stated due dates or upon Notes may be waived with the Redemption Dates therefor (but not upon acceleration), and remaining rights consent of the Holders of Securities a majority in principal amount of such series to receive mandatory sinking fund paymentsthe then outstanding Notes voting as a single class. Without the consent of any Holder of a Note, the Indenture, the Subsidiary Guarantees (if any) or the Notes may be amended to cure any ambiguity, (iv) omission defect or inconsistency; to provide for the rights, obligations, duties and immunities assumption of the Trustee hereunderCompany’s or any Subsidiary Guarantor’s obligations under the Indenture; to provide for uncertificated Notes in addition to or in place of certificated Notes; to add Guarantees with respect to the Notes or to confirm or evidence the release, (v) this Section 4.02termination or discharge of any Guarantee when such release, Section 4.07, Section 10.02 and Section 10.03 and (vi) termination or discharge is permitted under the rights Indenture; add to the covenants of the Company for the benefit of the Holders of Securities Notes or to surrender any right or power conferred upon the Company; make any change that does not adversely affect the rights of such series as beneficiaries hereof with respect any Holder in any material respect, subject to the property so deposited provisions of the Indenture; make any amendment to the provisions of the Indenture relating to the form, authentication, transfer and legending of Notes; provided, however, that (A) compliance with the Trustee payable to all Indenture as so amended would not result in the Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense Holders to transfer Notes or comply with any requirement of the CompanySEC in connection with the qualification of the Indenture under the TIA; or convey, shall execute proper instruments acknowledging transfer, assign, mortgage or pledge as security for the sameNotes any property or assets in accordance with Section 4.05 of the Indenture.

Discharge and Defeasance. The provisions of this Section section and Section 4.04 4.4 (insofar as relating to this Sectionsection) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.013.1. In addition to discharge of this Indenture pursuant to Section 4.014.1, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 4.4 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section section on and after the date the conditions set forth in Section 4.04 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (ia) rights of registration of transfer and exchange of Securities of such series, (iib) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iiic) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.044.4, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties duties, and immunities of the Trustee hereunder, (ve) this Section 4.024.2, Section 4.07Sections 4.6, Section 10.02 10.2, and Section 10.03 10.3, and (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “"Defeasance”"), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunderhereunder (including, but not limited to, Section 6.07 hereof), (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments instruments, in form and substance reasonably satisfactory to the Trustee, acknowledging the same.

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance“ Defeasance ”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions Under the terms of this Section and Section 4.04 (insofar as relating the 7-Year Notes Indenture, the Company may at its option by a resolution of the Board of Directors, at any time, upon the satisfaction of certain conditions described below, elect to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities be discharged from its obligations with respect to which the exact amount described in subparagraph outstanding 7-Year Fixed Rate Notes (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a“defeasance”). In general, upon a defeasance, the Company shall be deemed to have paid and discharged the entire indebtedness on represented by the outstanding 7-Year Fixed Rate Notes and to have satisfied all the Securities of its obligations under such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (7-Year Fixed Rate Notes except as to for (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) the rights of Holders of Securities of such series 7-Year Fixed Rate Notes and any related coupons to receive, solely from the trust fund established for such purposes as described in subparagraph (a) of Section 4.04below, payments in respect of the principal thereofof, premium, if any, on and interestinterest on such 7-Year Fixed Rate Notes when such payments are due, if any(ii) certain provisions relating to ownership, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), registration and remaining rights transfer of the Holders 7-Year Fixed Rate Notes, (iii) certain provisions relating to the mutilation, destruction, loss or theft of Securities of such series to receive mandatory sinking fund payments, if anythe 7-Year Fixed Rate Notes, (iv) the Company’s obligations to effect a registered exchange offer or a private exchange offer, (v) the covenant relating to the maintenance of an office or agency in Buenos Aires and The City of New York and (vi) certain provisions relating to the rights, obligationspowers, trusts duties and immunities of the Trustee hereunderTrustee. In addition, the Company may at its option by Board Resolution, at any time, upon the satisfaction of certain conditions described below, elect to be released from certain covenants described in the 7-Year Notes Indenture (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasancecovenant defeasance”). Following such covenant defeasance, and the Trustee at occurrence of a breach or violation of any such covenant will not be deemed to be an Event of Default under the cost and expense of 7-Year Notes Indenture. In order to cause a defeasance or covenant defeasance, the CompanyCompany will be required to satisfy, shall execute proper instruments acknowledging among other conditions, the same.following conditions:

Discharge and Defeasance. The provisions Under the terms of this Section and Section 4.04 (insofar as relating the 7-Year Notes Indenture, the Company may at its option by a resolution of the Board of Directors, at any time, upon the satisfaction of certain conditions described below, elect to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities be discharged from its obligations with respect to which the exact amount described in subparagraph outstanding 7-Year Floating Rate Notes (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a“defeasance”). In general, upon a defeasance, the Company shall be deemed to have paid and discharged the entire indebtedness on represented by the outstanding 7-Year Floating Rate Notes and to have satisfied all the Securities of its obligations under such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (7-Year Floating Rate Notes except as to for (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) the rights of Holders of Securities of such series 7-Year Floating Rate Notes and any related coupons to receive, solely from the trust fund established for such purposes as described in subparagraph (a) of Section 4.04below, payments in respect of the principal thereofof, premium, if any, on and interestinterest on such 7-Year Floating Rate Notes when such payments are due, if any(ii) certain provisions relating to ownership, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), registration and remaining rights transfer of the Holders 7-Year Floating Rate Notes, (iii) certain provisions relating to the mutilation, destruction, loss or theft of Securities of such series to receive mandatory sinking fund payments, if anythe 7-Year Floating Rate Notes, (iv) the Company’s obligations to effect a registered exchange offer or a private exchange offer, (v) the covenant relating to the maintenance of an office or agency in Buenos Aires and The City of New York and (vi) certain provisions relating to the rights, obligationspowers, trusts duties and immunities of the Trustee hereunderTrustee. In addition, the Company may at its option by Board Resolution, at any time, upon the satisfaction of certain conditions described below, elect to be released from certain covenants described in the 7-Year Notes Indenture (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasancecovenant defeasance”). Following such covenant defeasance, and the Trustee at occurrence of a breach or violation of any such covenant will not be deemed to be an Event of Default under the cost and expense of 7-Year Notes Indenture. In order to cause a defeasance or covenant defeasance, the CompanyCompany will be required to satisfy, shall execute proper instruments acknowledging among other conditions, the same.following conditions:

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or an indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section and Section 4.04 4.4 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.013.1. In addition to discharge of this Indenture pursuant to Section 4.014.1, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 4.4 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (ia) rights of registration of transfer and exchange of Securities of such series, (iib) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iiic) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.044.4, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties duties, and immunities of the Trustee hereunder, (ve) this Section 4.024.2, Section 4.07Sections 4.6, Section 10.02 10.2, and Section 10.03 10.3, and (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “"Defeasance”"), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or an indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.

Discharge and Defeasance. The provisions of this Section 4.02 and Section 4.04 (insofar as relating to this Section) shall apply to the Securities of each series unless specifically otherwise provided in a Board Resolution or indenture supplemental hereto provided pursuant to Section 3.01. In addition to discharge of this Indenture pursuant to Section 4.01, in the case of any series of Securities with respect to which the exact amount described in subparagraph (a) of Section 4.04 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section 4.02 on and after the date the conditions set forth in Section 4.04 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, destroyed, lost or stolen Securities of such series, (iii) rights of Holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 4.04, payments of principal thereof, premium, if any, and interest, if any, thereon upon the original stated due dates or upon the Redemption Dates therefor (but not upon acceleration), and remaining rights of the Holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 4.02, Section 4.02 and Sections 4.07, Section 10.02 and Section 10.03 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called “Defeasance”), and the Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same.