Common use of Discharge of Supplemental Indenture Clause in Contracts

Discharge of Supplemental Indenture. When (1) the Company shall deliver to the Trustee for cancellation all Notes theretofore authenticated (other than any Notes which have been destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) and not theretofore canceled, or (2) all the Notes not theretofore canceled 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, and the Company shall deposit with the Trustee, in trust, monies sufficient to pay at the Final Maturity Date (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Trustee for cancellation, including the principal amount and interest accrued to the Final Maturity Date, and if the Company shall also pay or cause to be paid all other sums payable hereunder by the Company, then the Indenture and this Supplemental Indenture shall cease to be of further effect with respect to the Notes (except as to (i) remaining rights of registration of transfer, substitution and exchange of Notes, (ii) rights hereunder of Holders to receive payments of the principal amount, including interest due with respect to the Notes and the other rights, duties and obligations of Holders, as beneficiaries hereof with respect to the amounts, if any, so deposited with the Trustee and (iii) the rights, obligations and immunities of the Trustee hereunder and under the Indenture with respect to the Notes), and the Trustee, on demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel as required by Section 6.03 and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging the Indenture and this Supplemental Indenture with respect to the Notes; the Company, however, hereby agrees to reimburse the Trustee for any costs or expenses thereafter reasonably and properly incurred by the Trustee and to compensate the Trustee for any services thereafter reasonably and properly rendered by the Trustee in connection with the Indenture with respect to the Notes, this Supplemental Indenture or the Notes.

Discharge of Supplemental Indenture. When (1) the Company shall deliver to the Trustee Security Registrar for cancellation all Notes theretofore authenticated (other than any Notes which have been destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) and not theretofore canceled, or (2) all the Notes not theretofore canceled or delivered to the Trustee Security Registrar for cancellation shall have become due and payable, or are by their terms to become due and payable within one year, (a) been deposited for conversion and the Company shall deposit with deliver to the Trustee, in trust, monies Holders shares of Common Stock sufficient to pay at the Final Maturity Date all amounts owing in respect of all Notes (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Security Registrar for cancellation or (b) become due and payable on the Purchase Date, Fundamental Change Purchase Date, Final Maturity Date or Redemption Date, as applicable, and the Company shall deposit with the Trustee cash or shares of Common Stock, as applicable, sufficient to pay all amounts owing in respect of all Notes (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Security Registrar for cancellation, including the principal amount Principal Amount and interest accrued and unpaid to the such Final Maturity Date, Purchase Date, Fundamental Change Purchase Date or Redemption Date, as the case may be, and if in either case (1) or (2) the Company shall also pay or cause to be paid all other sums payable hereunder by the Company, then the Indenture and this Supplemental Indenture with respect to the Notes shall cease to be of further effect with respect to the Notes (except as to (i) remaining rights of registration of transfer, substitution and exchange and conversion of Notes, ; (ii) rights hereunder of Holders to receive payments of the principal amountamounts then due, including interest due with respect to the Notes and the other rights, duties and obligations of Holders, as beneficiaries hereof with respect to the amounts, if any, so deposited with the Trustee Trustee; and (iii) the rights, obligations and immunities of the Trustee hereunder Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar under the Indenture with respect to the Notes), and the Trustee, on demand of the Company accompanied by an Officers' ’ Certificate and an Opinion of Counsel as required by Section 6.03 5.03 and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging the Indenture and this Supplemental Indenture with respect to the Notes; the Company, however, hereby agrees to reimburse the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar for any costs or expenses thereafter reasonably and properly incurred by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar and to compensate the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar for any services thereafter reasonably and properly rendered by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar in connection with the Indenture with respect to the Notes, this Supplemental Indenture Notes or the Notes. Section 4.01 of the Base Indenture is replaced in its entirety by this Section 5.01.

Discharge of Supplemental Indenture. When (1) the Company shall deliver to the Trustee Security Registrar for cancellation all Notes CZARS theretofore authenticated (other than any Notes CZARS which have been destroyed, lost or stolen and in lieu of or in substitution for which other Notes CZARS shall have been authenticated and delivered) and not theretofore canceled, or (2) all the Notes CZARS not theretofore canceled or delivered to the Trustee Security Registrar for cancellation shall have become due and payablepayable on the Purchase Date, Fundamental Change Purchase Date, Final Maturity Date or are by their terms to become due and payable within one yearRedemption Date, as applicable, and the Company shall deposit with the TrusteeTrustee cash or shares of Common Stock, in trustas applicable, monies sufficient to pay at the Final Maturity Date all amounts owing in respect of all CZARS (other than any Notes CZARS which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes CZARS shall have been authenticated and delivered) not theretofore canceled or delivered to the Trustee Security Registrar for cancellation, including the principal amount Accreted Value and interest (including contingent interest, if any) accrued and unpaid to the such Final Maturity Date, Purchase Date, Fundamental Change Purchase Date or Redemption Date, as the case may be, and if in either case the Company shall also pay or cause to be paid all other sums payable hereunder by the Company, then the Indenture and this Supplemental Indenture with respect to the CZARS shall cease to be of further effect with respect to the Notes (except as to (i) remaining rights of registration of transfer, substitution and exchange and conversion of Notes, CZARS; (ii) rights hereunder of Holders to receive payments of the principal amountamounts then due, including interest due (including contingent interest, if any) with respect to the Notes CZARS and the other rights, duties and obligations of Holders, as beneficiaries hereof with respect to the amounts, if any, so deposited with the Trustee Trustee; and (iii) the rights, obligations and immunities of the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent hereunder and under the Indenture with respect to the NotesCZARS), and the Trustee, on demand of the Company accompanied by an Officers' Certificate and an Opinion opinion of Counsel as required by Section 6.03 and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging the Indenture and this Supplemental Indenture with respect to the NotesCZARS; the Company, however, hereby agrees to reimburse the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent for any costs or expenses thereafter reasonably and properly incurred by the Trustee and to compensate the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent for any services thereafter reasonably and properly rendered by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent in connection with the Indenture with respect to the Notes, this Supplemental Indenture CZARS or the NotesCZARS. Section 401 of the Base Indenture is replaced in its entirety by this Section 6.01.

Discharge of Supplemental Indenture. When (1) the Company shall deliver to the Trustee Security Registrar for cancellation all Notes theretofore authenticated (other than any Notes which have been destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) and not theretofore canceled, or (2) all the Notes not theretofore canceled or delivered to the Trustee Security Registrar for cancellation shall have become due and payable, or are by their terms to become due and payable within one year, (a) been deposited for conversion and the Company shall deposit with deliver to the Trustee, in trust, monies Holders shares of Common Stock sufficient to pay at the Final Maturity Date all amounts owing in respect of all Notes (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Security Registrar for cancellation or (b) become due and payable on the Purchase Date, Fundamental Change Purchase Date, Final Maturity Date or Redemption Date, as applicable, and the Company shall deposit with the Trustee cash or shares of Common Stock, as applicable, sufficient to pay all amounts owing in respect of all Notes (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Security Registrar for cancellation, including the principal amount Principal Amount and interest (including contingent interest, if any) accrued and unpaid to the such Final Maturity Date, Purchase Date, Fundamental Change Purchase Date or Redemption Date, as the case may be, and if in either case (1) or (2) the Company shall also pay or cause to be paid all other sums payable hereunder by the Company, then the Indenture and this Supplemental Indenture with respect to the Notes shall cease to be of further effect with respect to the Notes (except as to (i) remaining rights of registration of transfer, substitution and exchange and conversion of Notes, ; (ii) rights hereunder of Holders to receive payments of the principal amountamounts then due, including interest due (including contingent interest, if any) with respect to the Notes and the other rights, duties and obligations of Holders, as beneficiaries hereof with respect to the amounts, if any, so deposited with the Trustee Trustee; and (iii) the rights, obligations and immunities of the Trustee hereunder Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar under the Indenture with respect to the Notes), and the Trustee, on demand of the Company accompanied by an Officers' Certificate and an Opinion of Counsel as required by Section 6.03 5.03 and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging the Indenture and this Supplemental Indenture with respect to the Notes; the Company, however, hereby agrees to reimburse the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar for any costs or expenses thereafter reasonably and properly incurred by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar and to compensate the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar for any services thereafter reasonably and properly rendered by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent and Security Registrar in connection with the Indenture with respect to the Notes, this Supplemental Indenture Notes or the Notes. Section 4.01 of the Base Indenture is replaced in its entirety by this Section 5.01.

Discharge of Supplemental Indenture. When (1) the Company shall deliver to the Trustee Security Registrar for cancellation all Notes theretofore authenticated (other than any Notes which have been destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) and not theretofore canceled, or (2) all the Notes not theretofore canceled or delivered to the Trustee Security Registrar for cancellation shall have become due and payablepayable on the Purchase Date, Fundamental Change Purchase Date, Final Maturity Date or are by their terms to become due and payable within one yearRedemption Date, as applicable, and the Company shall deposit with the TrusteeTrustee cash or shares of Common Stock, in trustas applicable, monies sufficient to pay at the Final Maturity Date all amounts owing in respect of all Notes (other than any Notes which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Notes shall have been authenticated and delivered) not theretofore canceled or delivered to the Trustee Security Registrar for cancellation, including the principal amount Accreted Value and interest (including contingent interest, if any) accrued and unpaid to the such Final Maturity Date, Purchase Date, Fundamental Change Purchase Date or Redemption Date, as the case may be, and if in either case the Company shall also pay or cause to be paid all other sums payable hereunder by the Company, then the Indenture and this Supplemental Indenture with respect to the Notes shall cease to be of further effect with respect to the Notes (except as to (i) remaining rights of registration of transfer, substitution and exchange and conversion of Notes, ; (ii) rights hereunder of Holders to receive payments of the principal amountamounts then due, including interest due (including contingent interest, if any) with respect to the Notes and the other rights, duties and obligations of Holders, as beneficiaries hereof with respect to the amounts, if any, so deposited with the Trustee Trustee; and (iii) the rights, obligations and immunities of the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent hereunder and under the Indenture with respect to the Notes), and the Trustee, on demand of the Company accompanied by an Officers' Certificate (provided, that at the Company's option, the matters to be addressed in such Officers' Certificate may be divided among two such certificates) and an Opinion opinion of Counsel as required by Section 6.03 5.03 and at the cost and expense of the Company, shall execute proper instruments acknowledging satisfaction of and discharging the Indenture and this Supplemental Indenture with respect to the Notes; the Company, however, hereby agrees to reimburse the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent for any costs or expenses thereafter reasonably and properly incurred by the Trustee and to compensate the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent for any services thereafter reasonably and properly rendered by the Trustee Trustee, Authenticating Agent, Paying Agent, Conversion Agent, Security Registrar and Bid Agent in connection with the Indenture with respect to the Notes, this Supplemental Indenture Notes or the Notes. Section 4.01 of the Base Indenture is replaced in its entirety by this Section 5.01.