Common use of Discharge of Liability on Notes Clause in Contracts

Discharge of Liability on Notes. (a) When (i) the Company or any Guarantor delivers to the Trustee all Outstanding Notes (other than Notes replaced pursuant to Section 2.08) for cancellation or (ii) all Outstanding Notes have become due and payable and the Company or any Guarantor deposits in trust, for the benefit of the Holders, with the Trustee finally collected funds sufficient to pay at Maturity all Outstanding Notes and interest thereon (other than Notes replaced pursuant to Section 2.08 and if in any such case the Company or any Guarantor pays all other sums payable hereunder by the Company or such Guarantor, then this Indenture, and the obligations of the Company and the Guarantors pursuant hereto, shall, subject to Sections 8.01(d) and 8.06, cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on demand of the Company or any Guarantor accompanied by an Officers’ Certificate and an Opinion of Counsel (each stating that all conditions precedent herein provided relating to the satisfaction and discharge of this Indenture have been complied with) and at the cost and expense of the Company or any Guarantor.

Discharge of Liability on Notes. When (a) When (i) the Company or any Guarantor delivers to the Trustee Registrar all Outstanding outstanding Notes (other than Notes replaced pursuant to Section 2.08) for cancellation or (iib) all Outstanding outstanding Notes have become due and payable payable, whether at the Maturity Date, any Fundamental Change Purchase Date, upon conversion or otherwise, and the Company or any the Guarantor irrevocably deposits in trust, for with the benefit of Trustee or delivers to the Holders, with the Trustee finally collected funds as applicable, cash (and/or, if applicable, Common Units and cash in lieu of any fractional Common Units, solely to satisfy outstanding conversions) sufficient to pay at Maturity pay, or, if applicable, satisfy the Company’s Conversion Obligation with respect to, all Outstanding amounts due and owing on all outstanding Notes and interest thereon (other than Notes replaced pursuant to Section 2.08 and if 2.08), and, in any such case either case, the Company or any the Guarantor pays all other sums payable hereunder by the Company or such Guarantorwith respect to the Indenture and the outstanding Notes, then this Indenture, and the obligations of the Company and the Guarantors pursuant hereto, Indenture shall, subject to Sections 8.01(d) and 8.06Section 8.08, cease to be of further effecteffect with respect to the Notes or any Holders. The At the cost and expense of the Company, the Trustee shall acknowledge satisfaction and discharge of this Indenture with respect to the Notes on written demand of the Company or any Guarantor accompanied by an Officers’ Officer’s Certificate and an Opinion of Counsel (each stating that all conditions precedent herein provided relating to the satisfaction and discharge of this Indenture have been complied with) and at the cost and expense of the Company or any GuarantorCounsel.

Discharge of Liability on Notes. (a) When (i) the Company or any Guarantor delivers to the Trustee all Outstanding Notes (other than Notes replaced pursuant to Section 2.08) for cancellation or (ii) all Outstanding Notes have become due and payable and the Company or any Guarantor deposits in trust, for the benefit of the Holders, with the Trustee finally collected funds sufficient to pay at Maturity all Outstanding Notes and interest thereon (other than Notes replaced pursuant to Section 2.08 and if in any such case the Company or any Guarantor pays all other sums payable hereunder by the Company or such Guarantor, then this Indenture, and the obligations of the Company and the Guarantors pursuant hereto, shall, subject to Sections 8.01(d) and 8.06, cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on demand of the Company or any Guarantor accompanied by an Officers’ Certificate and an Opinion of Counsel (each stating that all conditions precedent herein provided relating to the satisfaction and discharge of this Indenture have been complied with) and at the cost and expense of the Company or any Guarantor.. 49

Discharge of Liability on Notes. (a) When (i) the Company or any Guarantor delivers to the Trustee all Outstanding Notes (other than Notes replaced pursuant to Section 2.083.7 of the Base Indenture) for cancellation or (ii) all Outstanding Notes have become due and payable payable, whether at maturity or as a result of the delivery of a notice of redemption or upon a repurchase pursuant to Article IV hereof, and the Company or any Guarantor irrevocably deposits in trust, for the benefit of the Holders, with the Trustee finally collected funds money sufficient to pay at Maturity maturity or upon redemption or upon repurchase all Outstanding Notes and Notes, including interest thereon to maturity or such redemption or repurchase date (other than Notes replaced pursuant to Section 2.08 3.7 of the Base Indenture), and any shares of Common Stock or other property due in respect of converted Notes, and if in any each such case the Company or any Guarantor pays all other sums payable hereunder by the Company or such Guarantor(including any amounts owing to the Trustee under Section 11.1(a) of the Base Indenture), then this Indenture, and the obligations of the Company and the Guarantors pursuant hereto, Indenture shall, subject to Sections 8.01(d) and 8.06Section 8.2(b), cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on demand of the Company or any Guarantor accompanied by an Officers’ Certificate and an Opinion of Counsel (each stating that all conditions precedent herein provided relating to the satisfaction and discharge of this Indenture have been complied with) and at the cost and expense of the Company or any GuarantorCompany.