DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE Sample Clauses

DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. Section 8.1 DISCHARGE; OPTION TO EFFECT LEGAL OR COVENANT DEFEASANCE. This Indenture shall cease to be of further effect (except that DIMAC Holdings's obligations under Section 7.7 and the Trustee's and the Paying Agent's obligations under Sections 8.6 and 8.7 shall survive) when all outstanding Notes theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Notes that have been replaced or paid) to the Trustee for cancellation and DIMAC Holdings has paid all sums payable hereunder. In addition, DIMAC Holdings may elect at any time to have Section 8.2 or Section 8.3, at DIMAC Holdings's option, of this Indenture applied to all outstanding Notes upon compliance with the conditions set forth below in this Article VIII.
AutoNDA by SimpleDocs
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. SECTION 8.1. DISCHARGE; OPTION TO EFFECT LEGAL DEFEASANCE OR COVENANT DEFEASANCE. This Indenture shall cease to be of further effect (except that the Company's and the Guarantors' obligations under Section 7.7 and the Trustee's and the Paying Agent's obligations under Sections 8.6 and 8.7 shall survive) when all outstanding Securities theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Securities that have been replaced or paid) to the Trustee for cancellation and the Company or the Guarantors have paid all sums payable hereunder. In addition, the Company may elect to have Section 8.2, at the Company's option and at any time within one year of the Maturity Date of the Securities, or Section 8.3, at the Company's option at any time, of this Indenture applied to all outstanding Securities upon compliance with the conditions set forth below in this Article VIII.
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. This Note is subject to legal defeasance and covenant defeasance, and the Indenture is subject to discharge, all as described in the Indenture.
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. The provisions for satisfaction and discharge, excluding clause 8.01(a)(ii)(4) in Section 8.01 of the Indenture, shall apply with respect to the Notes. Section 8.03 of the Indenture, relating to legal defeasance, shall not apply to the Notes, and shall be superseded by the provisions of Section 9.05 of this First Supplemental Indenture. Section 8.04 of the Indenture, relating to covenant defeasance, shall not apply to the Notes, and shall be superseded by the provisions of Section 9.06 of this First Supplemental Indenture.
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. The Indenture contains provisions for defeasance at any time of (a) the entire indebtedness of the Company on this Note and (b) certain restrictive covenants and the related Events of Default upon compliance by the Company with certain conditions specified therein, which provisions apply to this Note.
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. SECTION 8.1. Discharge; Option to Effect Legal Defeasance or Covenant Defeasance............................... 65 SECTION 8.2. Legal Defeasance and Discharge....................... 65 SECTION 8.3. Covenant Defeasance.................................. 66 SECTION 8.4. Conditions to Legal or Covenant Defeasance........... 66
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. Section 8.1 Discharge; Option to Effect Legal Defeasance or Covenant -------------------------------------------------------- Defeasance. ---------- (1) This Indenture shall be discharged and cease to be of further effect (except as to surviving rights of registration of transfer or exchange of the Securities and except that the Company's and the Guarantors' obligations under Section 7.7 and the Trustee's and the Paying Agent's obligations under Sections 8.6 and 8.7 shall survive) when: (a) either (i) all outstanding Securities theretofore authenticated and issued have been delivered (other than destroyed, lost or stolen Securities that have been replaced or paid and Securities for whose payment money has previously been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust) to the Trustee for cancellation and the Company or the Guarantors have paid all sums payable hereunder; or (ii) all such Securities that have not been previously delivered to the Trustee for cancellation have become due and payable or will become due and payable within one year or are to be called for redemption within one year upon arrangements reasonably satisfactory for the Trustee for the giving of notice of redemption, and the Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders, cash in U.S. dollars or U.S. Government Obligations, or a combination thereof, in such amounts as will be sufficient without consideration of any reinvestment of interest, to pay and discharge the entire indebtedness on the Securities not delivered to such Trustee for cancellation for principal, premium, if any, Liquidated Damages, if any, and Additional Amounts, if any, and accrued interest to the date of maturity or redemption and the Trustee for itself and for the benefit of the Holders of the Securities have a valid, perfected, exclusive security interest in such trust, (b) the Company has paid all sums payable by it under this Indenture; (c) the Company has delivered irrevocable instructions to the Trustee to apply the deposited money toward the payment of the Securities at maturity or the redemption date, as the case may be; (d) no Default or Event of Default with respect to the Securities shall have occurred and be continuing at the time of such deposit; and (e) such deposit will not result in a breach or violation of, or constitute a d...
AutoNDA by SimpleDocs
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. The provisions contained in the Indenture relating to defeasance at any time of (a) the entire indebtedness of the Company on this CODES and (b) certain restrictive covenants and the related Events of Default upon compliance by the Company with certain conditions specified therein, will not apply to this CODES.
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. Section 8.1 Discharge; Option to Effect Legal or Covenant Defeasance...
DISCHARGE; LEGAL DEFEASANCE AND COVENANT DEFEASANCE. The provisions for satisfaction and discharge of the Indenture, shall apply with respect to the Notes, except that in Section 8.01(a)(ii)(4), reference to “Section 8.03” shall be changed to “Section 7.02 of the First Supplemental Indenture.” Section 8.03 of the Indenture, relating to legal defeasance, shall not apply to the Notes, and shall be superseded by the provisions of Section 7.02 of this First Supplemental Indenture. Section 8.04 of the Indenture, relating to covenant defeasance, shall not apply to the Notes, and shall be superseded by the provisions of Section 7.03 of this First Supplemental Indenture.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!