Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, with respect to the Securities of any series, the provisions of Article Fourteen hereof, insofar as they pertain to the Securities of such series, are hereby expressly made subject to the provisions for defeasance and covenant defeasance set forth in this Article and, anything herein to the contrary notwithstanding, upon the effectiveness of any such defeasance or covenant defeasance pursuant to this Article with respect to the Securities of such series, all of the Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen with respect to such Securities and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on such Securities as and when the same shall become due and payable notwithstanding the provisions of Article Fourteen.
Appears in 15 contracts
Samples: Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.), Indenture (Amcor Flexibles North America, Inc.)
Effect on Subordination Provisions. Unless otherwise expressly provided established pursuant to Section 301, 2.3 with respect to the Subordinated Securities of any series, the provisions of Article Fourteen Section 11.13 hereof, insofar as they pertain to the Subordinated Securities of such series, and the Subordination Provisions established pursuant to Section 2.3(9) with respect to such series, are hereby expressly made subject to the provisions for satisfaction and discharge and defeasance and covenant defeasance set forth in this Article Section 10.1 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of any such satisfaction and discharge and defeasance or and covenant defeasance pursuant to this Article Section 10.1 with respect to the Securities of such series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Section 11.13 or the Subordination Provisions established pursuant to Section 2.3(9) with respect to such Securities series and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and mandatory sinking fund payments, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSection 11.13 or such Subordination Provisions.
Appears in 10 contracts
Samples: Indenture (Shapeways Holdings, Inc.), Indenture (Stem, Inc.), Indenture (PayPal Holdings, Inc.)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions for subordination of Article Fourteen hereof, insofar as they pertain to the Securities of such series, set forth in Article Sixteen hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 401 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 402 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 401 or any such defeasance or covenant defeasance pursuant to this Article Section 402 with respect to the Securities of such any series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen with respect to such Securities Sixteen hereof and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article Fourteen.Sixteen. ARTICLE FIVE
Appears in 3 contracts
Samples: Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp), Indenture (Bay View Capital Corp)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions for subordination of Article Fourteen hereof, insofar as they pertain to the Securities of such series, set forth in Article Sixteen hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 401 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 402 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 401 or any such defeasance or covenant defeasance pursuant to this Article Section 402 with respect to the Securities of such any series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen with respect to such Securities Sixteen hereof and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSixteen.
Appears in 3 contracts
Samples: Indenture (Bay View Capital Corp), Indenture (Bay View Capital I), Indenture (CNF Transportation Inc)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 3012.01, with respect to the Securities of any series, the provisions of Article Fourteen Sixteen hereof, insofar as they pertain to the Securities of such series, are hereby expressly made subject to the provisions for defeasance and covenant defeasance set forth in this Article and, anything herein to the contrary notwithstanding, upon the effectiveness of any such defeasance or covenant defeasance pursuant to this Article with respect to the Securities of such series, all of the Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Sixteen with respect to such Securities and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares Shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on such Securities as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSixteen.
Appears in 3 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp), Indenture (Aon Corp)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 3.1 with respect to the Securities of any series, the provisions for subordination of Article Fourteen hereof, insofar as they pertain to the Securities of such series, set forth in Article XIII hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 4.1 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 10.6 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 4.1 or any such defeasance or covenant defeasance pursuant to this Article Section 10.6 with respect to the Securities of such any series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and such Securities (and the monies and/or U.S. Government Obligations deposited in respect thereof) shall no longer be subject to the provisions of Article Fourteen with respect to such Securities XIII hereof and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenXIII.
Appears in 3 contracts
Samples: Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co), Indenture (Ingersoll Rand Co)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions for subordination of Article Fourteen hereof, insofar as they pertain to the Securities of such series, set forth in Article Sixteen hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 401 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 402 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 401 or any such defeasance or covenant defeasance pursuant to this Article Section 402 with respect to the Securities of such any series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and such Securities (and the monies and/or Government Obligations deposited in respect thereof) shall no longer be subject to the provisions of Article Fourteen with respect to such Securities Sixteen hereof and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSixteen.
Appears in 2 contracts
Samples: Indenture (Quality Food Centers Inc), Indenture (Quality Food Centers Inc)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities any series of any seriesSubordinated Securities, the provisions of Article Fourteen hereof, insofar as they pertain to the Securities for subordination of such series, Subordinated Securities contemplated by Article Sixteen hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Article Four hereof and the provisions for defeasance and covenant defeasance set forth in this Article Fourteen and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Article Four or any such defeasance or covenant defeasance pursuant to this Article Fourteen with respect to the any Securities, such Securities of such series, all of the Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the subordination provisions of Article Fourteen with respect to such Securities applicable thereto and, without limitation to the foregoing, all moneysmonies, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to such Securities as and when the same shall become due and payable notwithstanding the provisions of contemplated by Article Fourteen.Sixteen hereof. ARTICLE FIFTEEN
Appears in 2 contracts
Samples: Indenture (Sola International Inc), Indenture (Sola International Inc)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Subordinated Securities of any series, the provisions of Article Fourteen Sixteen hereof, insofar as they pertain to the Subordinated Securities of such series, and the Subordination Provisions established pursuant to Section 301(24) with respect to such series are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 401 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 402 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 401 or any such defeasance or covenant defeasance pursuant to this Article Section 402 with respect to the Securities of such series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Sixteen or the Subordination Provisions established pursuant to Section 301(24) with respect to such Securities series and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSixteen or such Subordination Provisions.
Appears in 2 contracts
Samples: Indenture (CNF Transportation Inc), Indenture (CNF Transportation Inc)
Effect on Subordination Provisions. Unless otherwise expressly provided established pursuant to Section 301, 2.3 with respect to the Subordinated Securities of any series, the provisions of Article Fourteen Section 11.14 hereof, insofar as they pertain to the Subordinated Securities of such series, and the Subordination Provisions established pursuant to Section 2.3(9) with respect to such series, are hereby expressly made subject to the provisions for satisfaction and discharge and defeasance and covenant defeasance set forth in this Article Section 10.1 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of any such satisfaction and discharge and defeasance or and covenant defeasance pursuant to this Article Section 10.1 with respect to the Securities of such series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Section 11.14 or the Subordination Provisions established pursuant to Section 2.3(9) with respect to such Securities series and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and mandatory sinking fund payments, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSection 11.14 or such Subordination Provisions.
Appears in 1 contract
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 3012.01, with respect to the Securities of any series, the provisions of Article Fourteen Sixteen hereof, insofar as they pertain to the Securities of such series, are hereby expressly made subject to the provisions for defeasance and covenant defeasance set forth in this Article and, anything herein to the contrary notwithstanding, upon the effectiveness of any such defeasance or covenant defeasance pursuant to this Article with respect to the Securities of such series, all of the Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Sixteen with respect to such Securities and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares Shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on such Securities as and when the same shall become due and payable notwithstanding the provisions of Article Fourteen.Sixteen. ARTICLE FOURTEEN IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS
Appears in 1 contract
Samples: Indenture (Aon Corp)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions of Article Fourteen Sixteen hereof, insofar as they pertain to the Securities of such series, and the Subordination Provisions established pursuant to Section 301(26) with respect to such series are hereby expressly made subject to the provisions for defeasance satisfaction and covenant discharge set forth in Section 401 hereof and the provisions for defeasance set forth in this Article Section 403 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of any such defeasance or covenant defeasance satisfaction and discharge pursuant to this Article Section 401 with respect to the Securities of such series or any such defeasance pursuant to Section 403 with respect to the Securities of or within such series, all of the Securities of such series (in the case of satisfaction and discharge pursuant to Section 403) or the Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Sixteen or the Subordination Provisions established pursuant to Section 301(26) with respect to such Securities and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such defeasance satisfaction and discharge or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and Additional Amounts, if any, with respect to such Securities as and when the same shall become due and payable notwithstanding the provisions of Article Fourteen.Sixteen or such Subordination Provisions. ARTICLE FIVE REMEDIES
Appears in 1 contract
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions for subordination of the Securities set forth in Article Fourteen hereofhereof and, insofar as they pertain to in the Securities case of such seriesGuaranteed Securities, the provisions for subordination of the Guarantee set forth in Article Fifteen hereof are hereby expressly made subject to the provisions for satisfaction and discharge set forth in Section 401 hereof and the provisions for defeasance and covenant defeasance set forth in this Article Section 1006 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of such satisfaction and discharge pursuant to Section 401 or any such defeasance or covenant defeasance pursuant to this Article Section 1006 with respect to the Securities of such any series, all of the such Securities of such series as to which defeasance or covenant defeasanceand, as in the case may beof Guaranteed Securities, shall have become effective the Guarantee shall thereupon cease to be so subordinated and such Securities and, in the case of Guaranteed Securities, the Guarantee (and the monies and/or U.S. Government Obligations deposited in respect thereof) shall no longer be subject to the provisions of Article Fourteen with respect to such Securities or, in the case of Guaranteed Securities, Article Fifteen, hereof and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenFourteen and, in the case of Guaranteed Securities, Article Fifteen.
Appears in 1 contract
Samples: Indenture (Ingersoll Rand Co LTD)
Effect on Subordination Provisions. Unless otherwise expressly provided established pursuant to Section 301, 2.3 with respect to the Securities of any series, the provisions of Article Fourteen hereof, insofar as they pertain Section 11.12 hereof and the Subordination Provisions established pursuant to the Securities of Section 2.3(9) with respect to such series, are hereby expressly made subject to the provisions for satisfaction and discharge and defeasance and covenant defeasance set forth in this Article Section 10.1, 10.2 or 10.3 hereof and, anything herein to the contrary notwithstanding, upon the effectiveness of any such satisfaction and discharge and defeasance or and covenant defeasance pursuant to this Article Sections 10.1, 10.2 and 10.3 hereof with respect to the Securities of such series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated and shall no longer be subject to the provisions of Article Fourteen Section 11.12 or the Subordination Provisions established pursuant to Section 2.3(9) with respect to such Securities series and, without limitation to the foregoing, all moneys, U.S. Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such satisfaction and discharge, defeasance or covenant defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, and mandatory sinking fund payments, if any, with respect to the Securities of such Securities series as and when the same shall become due and payable notwithstanding the provisions of Article FourteenSection 11.12 or such Subordination Provisions.
Appears in 1 contract
Samples: Indenture (Smart Balance, Inc.)
Effect on Subordination Provisions. Unless otherwise expressly provided pursuant to Section 301, 301 with respect to the Securities of any series, the provisions of Article Fourteen hereof, insofar as they pertain Subordination Provisions applicable to the Securities of such series, each series are hereby expressly made subject to the provisions for defeasance satisfaction and covenant defeasance discharge set forth in Section 401 hereof and the provisions for Defeasance and Covenant Defeasance set forth in this Article Thirteen and, anything herein to the contrary notwithstanding, upon the satisfaction of the conditions to and effectiveness of such satisfaction and discharge pursuant to Section 401, or any such defeasance Defeasance or covenant defeasance Covenant Defeasance pursuant to this Article Thirteen, in each case with respect to the Securities of such series, all of the such Securities of such series as to which defeasance or covenant defeasance, as the case may be, shall have become effective shall thereupon cease to be so subordinated in right of payment to Senior Indebtedness (as defined with respect to the Securities of such series) and shall no longer be subject to the provisions Subordination Provisions which would otherwise be applicable to the Securities of Article Fourteen with respect to such Securities series and, without limitation to the foregoing, all moneys, U.S. moneys and Government Obligations and shares or other securities or property deposited with the Trustee (or other qualifying trustee) in trust in connection with such defeasance satisfaction and discharge, Defeasance or covenant defeasanceCovenant Defeasance, as the case may be, and all proceeds therefrom may be applied to pay the principal of, premium, if any, and interest, if any, on on, the Securities of such Securities series as and when the same shall become due and payable notwithstanding (including, without limitation, payment of the provisions Redemption Price of Article Fourteenany Securities of such series which have been or are to be called for redemption on a Redemption Date on or after the date on which such satisfaction and discharge, Defeasance or Covenant Defeasance, as the case may be, shall have become effective, together with accrued and unpaid interest thereon) without regard to the Subordination Provisions that would otherwise have been applicable to the Securities of such series.
Appears in 1 contract