Common use of Extinguishment of Obligations Clause in Contracts

Extinguishment of Obligations. Notwithstanding anything to the contrary in this Indenture or any Indenture Supplement, all obligations of the Issuer hereunder or under any Indenture Supplement shall be deemed to be extinguished in the event that, at any time, the Issuer, the Guarantor and the Asset Entities have no assets (which shall include claims that may be asserted by the Issuer, the Guarantor and the Asset Entities with respect to contractual obligations of third parties to the Issuer, the Guarantor and the Asset Entities but which shall not include the proceeds of the issue of their shares in respect of the Closing Date). No further claims may be brought against any of the Issuer’s directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of fraud or actions taken in bad faith by such Persons.

Appears in 2 contracts

Samples: Indenture (American Tower Corp /Ma/), American Tower Corp /Ma/

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Extinguishment of Obligations. Notwithstanding anything to the contrary in this Indenture or any Indenture Series Supplement, all obligations of the Issuer hereunder or and under any Indenture each Series Supplement shall be deemed to be extinguished in the event that, at any time, the Issuer, the Guarantor and the Asset Entities have no assets (which shall include claims that may be asserted by the Issuer, the Guarantor and the Asset Entities with respect to contractual obligations of third parties to the Issuer, the Guarantor and the Asset Entities but which shall not include the proceeds of the issue of their shares in respect of the Initial Closing Date). No further claims may be brought against any of the Issuer’s directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of fraud or actions taken in bad faith by such Persons.

Appears in 1 contract

Samples: Indenture (American Tower Corp /Ma/)

Extinguishment of Obligations. Notwithstanding anything to the contrary in this Indenture or any Indenture Series Supplement, all obligations of the Issuer Obligors hereunder or and under any Indenture each Series Supplement shall be deemed to be extinguished in the event that, at any time, the Issuer, the Guarantor and the Asset Entities have no assets (which shall include claims that may be asserted by the Issuer, the Guarantor and the Asset Entities with respect to contractual obligations Contractual Obligations of third parties to the Issuer, the Guarantor and the Asset Entities but which shall not include the proceeds of the issue of their shares in respect of the Initial Closing Date). No further claims may be brought against any of the Issuer’s Obligors’ directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of fraud or actions taken in bad faith by such Persons.

Appears in 1 contract

Samples: Annexes and Schedules (Landmark Infrastructure Partners LP)

Extinguishment of Obligations. Notwithstanding anything to the contrary in this Indenture or any Indenture Supplement, all obligations of the Issuer Issuers hereunder or under any Indenture Supplement shall be deemed to be extinguished in the event that, at any time, the IssuerIssuer Entity, the Guarantor and the Asset Entities have no assets (which shall include claims that may be asserted by the IssuerIssuer Entity, the Guarantor and the Asset Entities with respect to contractual obligations of third parties to the IssuerIssuer Entity, the Guarantor and the Asset Entities but which shall not include the proceeds of the issue of their shares in respect of the Closing Date). No further claims may be brought against any of the Issuer’s Issuers’ directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of fraud or actions taken in bad faith by such Persons.

Appears in 1 contract

Samples: Crown Castle International Corp

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Extinguishment of Obligations. Notwithstanding anything to the contrary in this Indenture or any Indenture Supplement, all obligations of the Issuer Issuers hereunder or under any Indenture Supplement shall be deemed to be extinguished in the event that, at any time, the IssuerIssuers, the Guarantor Guarantors and the Asset Entities have no assets (which shall include claims that may be asserted by the IssuerIssuers, the Guarantor Guarantors and the Asset Entities with respect to contractual obligations of third parties to the IssuerIssuers, the Guarantor Guarantors and the Asset Entities but which shall not include the proceeds of the issue of their shares in respect of the Closing Date). No further claims may be brought against any of the Issuer’s Issuers’ directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of actual fraud or actions taken in bad faith by such Persons.

Appears in 1 contract

Samples: Crown Castle International Corp

Extinguishment of Obligations. Notwithstanding anything to the contrary in this Base Indenture or any Indenture Supplement, all obligations of the Issuer Obligors hereunder or under any Indenture Supplement shall be deemed to be extinguished in the event that, at any time, the Issuer, the Guarantor and the Asset Entities have no assets (which shall include claims that may be asserted by the Issuer, the Guarantor and the Asset Entities with respect to contractual obligations of third parties to the Issuer, the Guarantor and the Asset Entities but which shall not include the proceeds of the issue of their shares Equity Interests in respect of the Series 2023-1 Closing Date). No further claims may be brought against any of the Issuer’s Obligors’ directors or officers or against their shareholders or members, as the case may be, for any such obligations, except in the case of fraud or actions taken in bad faith by such Persons.

Appears in 1 contract

Samples: Base Indenture (Tucows Inc /Pa/)

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