Common use of Discharge of Liability on the Notes; Defeasance Clause in Contracts

Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture 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, whether at maturity or as a result of the mailing of a Redemption Notice pursuant to Section 3.16(a) and the Issuer irrevocably deposits in the Redemption/Defeasance Account funds sufficient to pay at maturity, or upon Optional Redemption of, all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premium, then this Master Indenture shall, subject to Section 12.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Certificate and an Opinion of Counsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 2 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

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Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Notes (other than Notes that have been lost, stolen or destroyed and that have been replaced pursuant to Section 2.08) for cancellation or (ii) all Outstanding Notes have become due and payable, whether at maturity or as a result of the mailing of a Redemption Notice notice of redemption pursuant to Section 3.16(a3.11(c) and the Issuer irrevocably deposits in the RedemptionDefeasance/Defeasance Redemption Account funds sufficient to pay at maturity, maturity or upon Optional Redemption of, redemption all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premiumIssuer, then this Master Indenture shall, subject to Section 12.01(c11.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Officers’ Certificate and an Opinion of Counsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 2 contracts

Samples: Trust Indenture (Avolon Holdings LTD), Trust Indenture (AerCap Holdings N.V.)

Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Notes (other than Notes replaced pursuant to Section 2.082.08 hereof) for cancellation or (ii) all Outstanding Notes have become due and payable, whether at maturity or as a result of the mailing of a Redemption Notice notice of redemption pursuant to Section 3.16(a3.10(c) hereof and the Issuer irrevocably deposits in the RedemptionDefeasance/Defeasance Redemption Account funds sufficient to pay at maturity, maturity or upon Optional Redemption of, redemption all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premiumIssuer, then this Master Indenture shall, subject to Section 12.01(c11.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Officers' Certificate and an Opinion opinion of Counselcounsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 1 contract

Samples: Indenture (Morgan Stanley Aircraft Finance)

Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Notes (other than Notes that have been lost, stolen or destroyed and that have been replaced pursuant to Section 2.082.08 hereof) for cancellation or (ii) all Outstanding Notes have become due and payable, whether at maturity or as a result of the mailing of a Redemption Notice notice of redemption pursuant to Section 3.16(a3.11(c) hereof and the Issuer irrevocably deposits in the RedemptionDefeasance/Defeasance Redemption Account funds sufficient to pay at maturity, maturity or upon Optional Redemption of, redemption all Outstanding Notes, including interest thereon to maturity or the 134 Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premiumIssuer, then this Master Indenture shall, subject to Section 12.01(c11.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Officers’ Certificate and an Opinion of Counsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 1 contract

Samples: Trust Indenture (Genesis Lease LTD)

Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture 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, whether at maturity or as a result of the mailing of a Redemption Notice pursuant to Section 3.16(a3.13(a) and the Issuer irrevocably deposits in the Redemption/Defeasance Account funds sufficient to pay at maturity, or upon Optional Redemption of, all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premium, then this Master Indenture shall, subject to Section 12.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Certificate and an Opinion of Counsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

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Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Notes (other than Notes replaced pursuant to Section 2.082.08 hereof) for cancellation or (ii) all Outstanding Notes have become due and payable, whether at maturity or as a result of the mailing of a Redemption Notice notice of redemption pursuant to Section 3.16(a3.10(c) hereof and the Issuer irrevocably deposits in the Redemption118 111 Defeasance/Defeasance Redemption Account funds sufficient to pay at maturity, maturity or upon Optional Redemption of, redemption all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer including any premiumIssuer, then this Master Indenture shall, subject to Section 12.01(c11.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Officers' Certificate and an Opinion of Counselcounsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 1 contract

Samples: Indenture (Aerco LTD)

Discharge of Liability on the Notes; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Notes (other than Notes that have been lost, stolen or destroyed and that have been replaced pursuant to Section 2.08) for cancellation or (ii) all Outstanding Notes have become due and payable, whether at maturity or as a result of the mailing of a Redemption Notice notice of redemption pursuant to Section 3.16(a3.11(c) and the Issuer irrevocably deposits in the RedemptionDefeasance/Defeasance Redemption Account funds sufficient to pay at maturity, maturity or upon Optional Redemption of, redemption all Outstanding Notes, including interest thereon to maturity or the Redemption Date (other than Notes replaced pursuant to Section 2.08)) and (iii) all amounts owed to any Hedge Provider under any Hedge Agreement and all amounts owed to each of the Policy Provider and the Initial Liquidity Facility Provider have been paid in full, and if in either each case the Issuer pays all other sums payable hereunder by the Issuer including any premiumIssuer, then this Master Indenture shall, subject to Section 12.01(c11.01(c), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on demand of the Issuer accompanied by an Officer’s Officers’ Certificate and an Opinion of Counsel, at the cost and expense of the Issuer, to the effect that any conditions precedent to a discharge of this Master Indenture have been met.

Appears in 1 contract

Samples: Trust Indenture (Babcock & Brown Air LTD)

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