Common use of Discharge of Liability on Securities Clause in Contracts

Discharge of Liability on Securities. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities of the kind and in the necessary amount (as provided in Section 12.04 of this Indenture) to pay or redeem Outstanding Securities (whether upon or prior to their maturity or the Redemption Date of such Securities, provided that, if such Securities are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article Three hereof provided or provision satisfactory to the Trustee shall have been made for the giving of such notice), the obligation of the Company duly and punctually to pay or cause to be paid the principal of and any interest and premium in respect of such Securities and all liability of the Company and the Guarantor in respect of such payment shall cease, terminate and be completely discharged and the Holders thereof shall thereafter be entitled only to payment out of the money or securities deposited with the Trustee as aforesaid for their payment; provided, however, that this discharge of the Company's obligation so to pay and of the liability of the Company and the Guarantor in respect of such payment shall not occur unless the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that Holders of the Securities of such Series will not recognize income, gain or loss for Federal income tax purposes as a result of such discharge.

Appears in 3 contracts

Samples: Indenture (Chevron Canada Capital Co), Indenture (Chevrontexaco Corp), Indenture (Chevron Canada Capital Co)

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Discharge of Liability on Securities. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities of the kind and in the necessary amount (as provided in Section 12.04 11.04 of this Indenture) to pay or redeem Outstanding Securities (whether upon or prior to their maturity or the Redemption Date of such Securities, provided that, if such Securities are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article Three hereof provided or provision satisfactory to the Trustee shall have been made for the giving of such notice), the obligation of the Company duly and punctually to pay or cause to be paid the principal of and any interest and premium in respect of such Securities and all liability of the Company and the Guarantor in respect of such payment shall cease, terminate and be completely discharged and the Holders thereof shall thereafter be entitled only to payment out of the money or securities deposited with the Trustee as aforesaid for their payment; provided, however, that this discharge of the Company's obligation so to pay and of the liability of the Company and the Guarantor in respect of such payment shall not occur unless the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that Holders of the Securities of such Series will not recognize income, gain or loss for Federal income tax purposes as a result of such discharge.

Appears in 1 contract

Samples: Senior Indenture (Ati Financing Ii)

Discharge of Liability on Securities. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities of the kind and in the necessary amount (as provided in Section 12.04 11.4 of this Indenture) to pay or redeem Outstanding Securities (whether upon or prior to their maturity or the Redemption Date of such Securities, provided that, if such Securities are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article Three hereof provided or provision satisfactory to the Trustee shall have been made for the giving of such notice), the obligation of the Company Corporation duly and punctually to pay or cause to be paid the principal of and any interest and premium in respect of such Securities and all liability of the Company and the Guarantor Corporation in respect of such payment shall cease, terminate and be completely discharged and the Holders thereof shall thereafter be entitled only to payment out of the money or securities deposited with the Trustee as aforesaid for their payment; provided, however, that this discharge of the CompanyCorporation's obligation so to pay and of the liability of the Company and the Guarantor Corporation in respect of such payment shall not occur unless the Company Corporation shall have delivered to the Trustee an Opinion of Counsel to the effect that Holders of the Securities of such Series will not recognize income, gain or loss for Federal income tax purposes as a result of such discharge.

Appears in 1 contract

Samples: Indenture (Providian Financing Iv)

Discharge of Liability on Securities. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities of the kind and in the necessary amount (as provided in Section 12.04 of this Indenture) to pay or redeem Outstanding Securities (whether upon or prior to their maturity or the Redemption Date of such Securities, provided that, if such Securities are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article Three hereof provided or provision satisfactory to the Trustee shall have been made for the giving of such notice), the obligation of the Company duly and punctually to pay or cause to be paid the principal of and any interest and premium in respect of such Securities and all liability of the Company and the Guarantor in respect of such payment shall cease, terminate and be completely discharged and the Holders thereof shall thereafter be entitled only to payment out of the money or securities deposited with the Trustee as aforesaid for their payment; provided, however, that this discharge of the Company's ’s obligation so to pay and of the liability of the Company and the Guarantor in respect of such payment shall not occur unless the Company shall have delivered to the Trustee an Opinion of Counsel to the effect that Holders of the Securities of such Series will not recognize income, gain or loss for Federal income tax purposes as a result of such discharge.

Appears in 1 contract

Samples: Indenture (Chevron Funding Corp)

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Discharge of Liability on Securities. Upon If (i) the Company shall deliver to the Trustee for cancellation all Securities theretofore authenticated and delivered (other than any Securities that shall have been destroyed, lost or stolen and in lieu of or in substitution for which other Securities shall have been an authenticated and delivered) and not theretofore cancelled, or (ii) all Securities not theretofore surrendered or delivered to the Trustee for cancellation shall have become due and payable, or are by their terms to become due and payable within one year or are to be called for redemption within one year in accordance with Article 3, and the Company shall irrevocably deposit with the Trustee, in trust, at or before maturity, of money or securities as trust funds solely for the benefit of the kind Holders for that purpose, an amount sufficient to pay at maturity or upon redemption all of the Securities (other than any Securities that have been destroyed, lost or stolen and in the necessary amount (as provided lieu of or in Section 12.04 of this Indenture) to pay or redeem Outstanding substitution for which other Securities (whether upon or prior to their maturity or the Redemption Date of such Securities, provided that, if such Securities are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article Three hereof provided authenticated and delivered) not theretofore surrendered or provision satisfactory to the Trustee shall have been made for the giving of such notice), the obligation of the Company duly and punctually to pay or cause to be paid the principal of and any interest and premium in respect of such Securities and all liability of the Company and the Guarantor in respect of such payment shall cease, terminate and be completely discharged and the Holders thereof shall thereafter be entitled only to payment out of the money or securities deposited with the Trustee as aforesaid for their payment; provided, however, that this discharge of the Company's obligation so to pay and of the liability of the Company and the Guarantor in respect of such payment shall not occur unless the Company shall have delivered to the Trustee an Opinion for cancellation, including principal, premium, if any, and interest due or to become due to such date of Counsel maturity or redemption date, as the case may be, then this Indenture shall cease to the be of further force or effect that Holders (except as to rights of registration of transfer or exchange of the Securities provided in this Indenture) and, at the written request of such Series will not recognize incomethe Company, gain or loss accompanied by an Officers' Certificate and Opinion of Counsel, each stating that all conditions precedent provided for Federal income tax purposes as a result herein relating to the satisfaction and discharge of such discharge.this

Appears in 1 contract

Samples: Indenture (Associated Materials Inc)

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