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

Discharge of Liability on the Securities; Defeasance. (a) When (i) the Issuer delivers to the Trustee all Outstanding Securities (other than Securities replaced pursuant to Section 2.08 hereof) for cancellation or (ii) all Outstanding Securities have become due and payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Section 3.10(c) hereof and the Issuer irrevocably deposits in the Defeasance/Redemption Account funds sufficient to pay at maturity or upon redemption all Outstanding Securities, including without limitation interest thereon to maturity or the Redemption Date (other than Securities replaced pursuant to Section 2.08 hereof and any Required Expense Amount), and if in either case the Issuer pays all other sums payable hereunder by the Issuer (including any Hedge Breakage Costs resulting from the discharge of this Indenture), then this Indenture shall, subject to Section 12.01(c) hereof, cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on demand of the Issuer accompanied by an 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 Indenture have been met.

Appears in 2 contracts

Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

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Discharge of Liability on the Securities; Defeasance. (a) When (i) the Issuer delivers to the Trustee all Outstanding Securities (other than Securities replaced pursuant to Section 2.08 hereof) for cancellation or (ii) all Outstanding Securities have become due and payable, whether at maturity or as a result of the mailing of a notice of redemption pursuant to Section 3.10(c) hereof and the Issuer irrevocably deposits in the Defeasance/Redemption Account funds sufficient to pay at maturity or upon redemption all Outstanding Securities, including without limitation interest thereon to maturity or the Redemption Date (other than Securities replaced pursuant to Section 2.08 hereof and any Required Expense Amount), and if in either case the Issuer pays all other sums payable hereunder by the Issuer (including any Hedge Breakage Costs resulting from the discharge of this Indenture), then this Indenture shall, subject to Section 12.01(c) hereof, cease to be of further effect. The Trustee shall acknowledge satisfaction and discharge of this Indenture on demand of the Issuer accompanied by an 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 Indenture have been met.

Appears in 2 contracts

Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

Discharge of Liability on the Securities; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Securities (other than Securities replaced pursuant to Section 2.08 hereof2.08) for cancellation or (ii) all Outstanding Securities have become due and payable, whether at maturity or as a result of the mailing of a notice of redemption Redemption Notice pursuant to Section 3.10(c3.16(a) hereof and the Issuer irrevocably deposits in the DefeasanceRedemption/Redemption Defeasance Account funds sufficient to pay at maturity maturity, or upon redemption Optional Redemption of, all Outstanding Securities, including without limitation interest thereon to maturity or the Redemption Date (other than Securities replaced pursuant to Section 2.08 hereof and any Required Expense Amount2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer (including any Hedge Breakage Costs resulting from the discharge of this Indenture)premium, then this Master Indenture shall, subject to Section 12.01(c) hereof), cease to be of further effect. The Indenture Trustee shall acknowledge satisfaction and discharge of this Master Indenture on 117 demand of the Issuer accompanied by an Officers’ 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)

Discharge of Liability on the Securities; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Securities (other than Securities replaced pursuant to Section 2.08 hereof2.08) for cancellation or (ii) all Outstanding Securities have become due and payable, whether at maturity or as a result of the mailing of a notice of redemption Redemption Notice pursuant to Section 3.10(c3.16(a) hereof and the Issuer irrevocably deposits in the DefeasanceRedemption/Redemption Defeasance Account funds sufficient to pay at maturity maturity, or upon redemption Optional Redemption of, all Outstanding Securities, including without limitation interest thereon to maturity or the Redemption Date (other than Securities replaced pursuant to Section 2.08 hereof and any Required Expense Amount2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer (including any Hedge Breakage Costs resulting from the discharge of this Indenture)premium, then this Master Indenture shall, subject to Section 12.01(c) hereof), 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 Officers’ Officer’s Certificate and an Opinion of Counsel, at 118 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 Securities; Defeasance. (a) When (i) the Issuer delivers to the Indenture Trustee all Outstanding Securities (other than Securities replaced pursuant to Section 2.08 hereof2.08) for cancellation or (ii) all Outstanding Securities have become due and payable, whether at maturity or as a result of the mailing of a notice of redemption Redemption Notice pursuant to Section 3.10(c3.13(a) hereof and the Issuer irrevocably deposits in the DefeasanceRedemption/Redemption Defeasance Account funds sufficient to pay at maturity maturity, or upon redemption Optional Redemption of, all Outstanding Securities, including without limitation interest thereon to maturity or the Redemption Date (other than Securities replaced pursuant to Section 2.08 hereof and any Required Expense Amount2.08), and if in either case the Issuer pays all other sums payable hereunder by the Issuer (including any Hedge Breakage Costs resulting from the discharge of this Indenture)premium, then this 119 [Master Indenture] Master Indenture shall, subject to Section 12.01(c) hereof), 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 Officers’ 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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