Common use of Discharge of Liability on Securities Clause in Contracts

Discharge of Liability on Securities. Except as otherwise contemplated by Section 2.03, when (a) the Company delivers to the Trustee all outstanding Securities or all outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (i) Securities or Securities of such series, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in Section 2.09, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.05) for cancellation or (b) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash sufficient to pay at Stated Maturity the amount of all Principal of and interest on outstanding Securities or all outstanding Securities of such series (other than Securities replaced pursuant to Section 2.09), and if in either case the Company pays all other sums payable hereunder by the Company, then this Indenture shall, subject to Section 7.07, cease to be of further effect as to all outstanding Securities or all outstanding Securities of any series, as the case may be. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, and at the cost and expense of the Company.

Discharge of Liability on Securities. Except as otherwise contemplated by Section 2.03, when When (ai) the Company ------------------------------------ delivers to the Trustee all outstanding Securities or all outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (i) Securities or Securities of such series, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in pursuant to Section 2.09, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.052.07) for cancellation or (bii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity Maturity, the amount Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase Price, the Change in Control Purchase Price or the Redemption Price, as the case may be, of all Principal of and interest on outstanding Securities or all outstanding Securities of such series (other than Securities replaced pursuant to Section 2.092.07), and if if, in either case case, the Company pays has paid all other sums payable hereunder by the CompanyCompany (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.077.06, cease to be of further effect as to all outstanding Securities or all outstanding Securities of any series, as the case may beeffect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, Counsel and at the cost and expense of the Company.

Discharge of Liability on Securities. Except as otherwise contemplated by Section 2.03, when When (ai) the Company ------------------------------------ delivers to the Trustee all outstanding Securities or all outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (i) Securities or Securities of such series, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in pursuant to Section 2.09, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.052.07) for cancellation or (bii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity Maturity, the amount Purchase Date, the Change in Control Purchase or the Redemption Date, the Contingent Principal Amount, the Purchase Price or contingent interest (if any shall be due and unpaid), the Change in Control Purchase Price or the Redemption Price, as the case may be, of all Principal of and interest on outstanding Securities or all outstanding Securities of such series (other than Securities replaced pursuant to Section 2.092.07), and if if, in either case case, the Company pays has paid all other sums payable hereunder by the CompanyCompany (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.077.06, cease to be of further effect as to all outstanding Securities or all outstanding Securities of any series, as the case may beeffect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, Counsel and at the cost and expense of the Company.

Discharge of Liability on Securities. Except as otherwise contemplated by Section 2.03, when When (ai) the Company delivers to the Trustee all outstanding Securities or all outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (iSecurities replaced pursuant to Section 2.07) Securities or Securities of such seriesfor cancellation, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in Section 2.09, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.05) for cancellation or (b) all outstanding Securities have become due and payable and the Company or Holdings, as applicable, irrevocably deposits with the Trustee Trustee, the Paying Agent (if the Paying Agent is not the Company or any of its Affiliates) cash or, if expressly permitted by the terms of the Securities, the Exchange Agreement or the Indenture, Common Stock (as defined in the Exchange Agreement) sufficient to pay at Stated Maturity the amount of all Principal of amounts due and interest owing on outstanding Securities or all outstanding Securities of such series (other than Securities replaced pursuant to Section 2.092.07), or (iii) all outstanding Securities have been exchanged and delivered to Holdings and Holdings irrevocably deposits with the Exchange Agent, Common Stock (as defined in the Exchange Agreement) pursuant to the terms of the Exchange Agreement, sufficient to pay all amounts due and owing on all outstanding Securities (other than Securities replaced pursuant to Section 2.07) and if in either case the Company pays all other sums payable hereunder by the Company, then this Indenture and the Exchange Agreement shall, subject to Section 7.07, cease to be of further effect as to all outstanding Securities or all outstanding Securities of any series, as the case may beeffect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Officer's Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, Counsel and at the cost and expense of the Company.

Discharge of Liability on Securities. Except as otherwise provided as contemplated by Section 2.032.3(a), when (a) the Company delivers to the Trustee all outstanding Outstanding Securities or all outstanding Outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (i) Securities or Securities of such series, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in Section 2.092.9, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.052.6) for cancellation or (b) all outstanding Outstanding Securities have become due and payable and the Company deposits with the Trustee cash sufficient to pay at Stated Maturity the amount Principal Amount of all Principal of and interest on outstanding Outstanding Securities or all outstanding Outstand- ing Securities of such series (other than Securities replaced pursuant to Section 2.092.9), and if in either case the Company pays all other sums payable hereunder by the Company, then this Indenture shall, subject to Section 7.077.7, cease to be of further effect as to all outstanding Outstanding Securities or all outstanding Outstanding Securities of any series, as the case may be. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, Counsel and at the cost and expense of the Company.

Discharge of Liability on Securities. Except as otherwise contemplated by Section 2.03, when When (ai) the Company ------------------------------------- delivers to the Trustee all outstanding Securities or all outstanding Securities of any series, as the case may be, theretofore authenticated and delivered (other than (i) Securities or Securities of such series, as the case may be, which have been destroyed, lost or stolen and which have been replaced or paid as provided in pursuant to Section 2.09, and (ii) Securities or Securities of such series, as the case may be, for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Company and thereafter repaid to the Company or discharged from such trust, as provided in Section 3.052.07) for cancellation or (bii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity Maturity, the amount Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase Price or contingent interest (if any shall be due and unpaid), the Change in Control Purchase Price or the Redemption Price, as the case may be, of all Principal of and interest on outstanding Securities or all outstanding Securities of such series (other than Securities replaced pursuant to Section 2.092.07), and if if, in either case case, the Company pays has paid all other sums payable hereunder by the CompanyCompany (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.077.06, cease to be of further effect as to all outstanding Securities or all outstanding Securities of any series, as the case may beeffect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel, each containing the applicable information specified in Sections 11.04 and 11.05, Counsel and at the cost and expense of the Company.