Common use of Legal Defeasance and Discharge Clause in Contracts

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections of this Indenture referred to in Sections 8.2(1) and (2), and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust referred created pursuant to this Indenture as referenced in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerDefeasor’s exercise under Section 8.1 (Option to Effect Legal Defeasance or Covenant Defeasance) of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.4, shall be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Guarantees on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged all the entire Indebtedness represented by obligations relating to the outstanding Notes (including and the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.6 (Survival of Certain Obligations), Section 8.8 (Application of Trust Moneys) and the other Sections of this Indenture referred to below in Sections 8.2(1) and (2)this Section 8.2, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents cured all then existing Events of Default (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due or on the Redemption Date solely out of the trust referred Defeasance Trust created pursuant to in Section 8.4; this Indenture; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, or, where relevant, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or and the Guarantors’ obligations in connection therewith; and and (4d) this Article VIII with respect to provisions relating to Legal Defeasanceand the obligations set forth in Section 8.6 (Survival of Certain Obligations) hereof. Subject to compliance with this Section 8.2Article VIII, the Issuer Defeasor may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.38.3 (Covenant Defeasance) with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 relating to one or more series of Securities, the Issuer and each of the Guarantors willCompany shall, subject to upon the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Securities of such series on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including Securities of the Note Guarantees and the Liens securing the Notes and the Note Guarantees)applicable series, which will shall thereafter be deemed to be “outstanding” "OUTSTANDING" only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Securities of the applicable series and under the provisions of this Indenture and the Notes Collateral Documents applicable to such series (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Notes issued under this Indenture outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Company's obligations with respect to the Notes such Securities under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Collateral Agent and the Issuer’s or Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.4, shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged all the entire Indebtedness represented by obligations relating to the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.6, Section 8.8 and the other Sections of this Indenture referred to below in Sections 8.2(1) and (2)this Section 8.2, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents cured all then existing Events of Default (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, interest and interestAdditional Amounts, if any, on the such Notes when such payments are due or on the Redemption Date solely out of the trust referred Defeasance Trust created pursuant to in Section 8.4; this Indenture; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, or, where relevant, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and and (4d) this Article VIII with respect to provisions relating to Legal Defeasanceand the obligations set forth in Section 8.6 hereof. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.38.3 with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Guarantees) and the Liens securing the Notes and the Note Guarantees) Security Documents with respect to such Series on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and the Security Documents, and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.48.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.48.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s Company’ or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.48.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.38.3 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 of the option applicable to this Section 8.2, the The Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.410.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Outstanding Securities of any series on the date the conditions set forth in Section 8.4 below are satisfied with respect to such series (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Outstanding Securities of any series, which will shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.5 10.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their other its obligations under such Notes, the Note Guarantees, Securities and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments delivered to it by the Issuer acknowledging the same) and to have cured all then existing Events of Default), except for of the following provisions which will shall survive until otherwise terminated or discharged hereunder: ; (1a) the rights of Holders Holder of Notes issued under this Indenture Outstanding Securities of such series to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes such Securities when such payments are due solely out of from the trust referred to in Section 8.4; below; (2b) the Issuer’s obligations with respect to the Notes under Article II Securities concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Securities and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3Indenture.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2b) of this Section 8.02 (it being understood that such Notes shall not be deemed outstanding for accounting purposes), and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then then-existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.03 of the option applicable to this Section 8.28.04 with respect the Notes, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.06, be deemed to have been discharged from their its obligations with respect to all outstanding Outstanding Notes (including the Note and all obligations of any Guarantors with respect to any Guarantees and the Liens securing the Notes and the Note Guaranteesshall be discharged) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Outstanding Notes, which will shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.5 and the other Sections of this Indenture referred to in Sections 8.2(1) and (2), 8.07 and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, this Indenture Outstanding Notes and the Notes Collateral Documents any supplemental indenture relating thereto (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4; 8.06, (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and therewith and (4d) the provisions of this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2Article VIII, the Issuer Company may exercise its option under this Section 8.2 8.04 notwithstanding the prior exercise of its option under Section 8.38.05.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to under this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2B) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4D) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall (as otherwise set forth in this Section 8.02(a)), subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the and Note Guarantees and the Liens securing the Notes and the Note Guarantees) with respect thereto on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1) and (2)below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.05 hereof; (2ii) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Agents, and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4iv) this Article VIII with respect to provisions relating to Legal Defeasance. Section 8.02. (b) Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing of the Notes and to have cured all then existing Events of Default with respect to the Note Guarantees) Notes on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense including that of the Issuer, shall execute proper instruments acknowledging the same) Guarantors and to have cured all then existing Events of DefaultDefault with respect to the Notes (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of the trust referred created pursuant to in Section 8.4this Indenture; (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) the provisions of this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 9.01 hereof of the option applicable to this Section 8.29.02, the Issuer Issuers and each of the Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.49.04 hereof, be deemed to have been discharged from their respective Obligations and certain other obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) , as applicable, on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Subsidiary Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 9.05 hereof and the other Sections of this Supplemental Indenture referred to in Sections 8.2(1clauses (a) and (2)b) of this sentence below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, this Indenture Notes and the Notes Collateral Documents Indenture (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 9.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest on, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 3.05, registration of such Notes3.06, mutilated3.07, destroyed3.09, lost or stolen Notes 3.14 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 5.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Subsidiary Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceIX. Subject to compliance with this Section 8.2Article IX, the Issuer Issuers may exercise its the option under this Section 8.2 9.02 notwithstanding the prior exercise of its option under Section 8.39.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Guarantees on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture, including that of the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.05 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 8.01 of this Indenture of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 of this Indenture, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and through (2)4) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture, including that of the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal ofprincipal, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 of this Indenture; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary the Temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent Company’s and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Section 8.02. (b) Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 of this Indenture.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, interest and interestAdditional Interest, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.07, destroyed2.09 and 4.02 hereof and the Appendix, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.28.2 with respect to Securities of any series, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations its Obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Securities of such series on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Securities with respect to such series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and through (2)e) below, and to have satisfied all of their its other obligations under the Securities with respect to such Notes, the Note Guarantees, series and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Notes issued under this Indenture outstanding Securities with respect to receive such series to receive, solely from the trust fund described in Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the IssuerCompany’s obligations Obligations with respect to the Notes such Securities under Article II concerning issuing temporary Notesand Sections 3.1 hereof, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and , (4d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article VIII VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to provisions relating to Legal Defeasancesuch series may not be accelerated because of an Event of Default. Subject to compliance with this Section 8.2Article VIII, the Issuer Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.38.3 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, interest and interestAdditional Interest, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.09 and Section 3.11 concerning 4.02 hereof and the maintenance of an office or agency for payment and money for security payments held in trust; Appendix, (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Agents hereunder and the Issuer’s or Issuers’ and the Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal ofprincipal, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02 with respect to the Notes, the Issuer Company and each of the any Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their its obligations under this Indenture with respect to the Notes and all outstanding obligations of the Guarantors shall be deemed to have been discharged (and any security granted to secure such Notes (including the Note Guarantees and the Liens securing shall be released) with respect to their obligations under this Indenture with respect to the Notes and the Note Guarantees) Guarantees of the Notes on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note and any Guarantees and the Liens securing the Notes and the Note Guarantees)thereof, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) of this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all of their other obligations under such Notes, the Note Guarantees, this Indenture with respect to the Notes and the Notes Collateral Documents Guarantees thereof (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments solely from Funds in Trust (as defined in Section 8.04 and as more fully set forth in such Section) in respect of the principal of, premium, if any, and interest, if any, any premium and interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4due; (2b) subject to clause (a) of this Section 8.02, the IssuerCompany’s obligations with respect to the such Notes under Article II Two and Section 4.02 concerning issuing the issuance of temporary Notes, registration transfers and exchanges of such the Notes, replacement of mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning Notes, the maintenance of an office or agency where the Notes may be surrendered for payment transfer or exchange or presented for payment, and money for security payments held in trustduties of Paying Agents; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceEight. Subject to compliance with this Section 8.2Article Eight, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing to have cured all then existing Events of Default with respect to the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture including that of the Guarantors and to have cured all then existing Events of Default with respect to the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust referred created pursuant to in Section 8.4this Indenture; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) the provisions of this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the and Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and through (2)4) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture, including that of the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments as reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal ofprincipal, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section 8.02. (b) Following the Company’s exercise of its Legal Defeasance. Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. (a) Upon the Issuer’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Notes Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth below are satisfied, and the Notes Guarantees in Section 8.4 are satisfied effect at such time will terminate (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(1) and (2)) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture, including that of the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section 8.02. (b) Upon the Issuer’s exercise of its Legal DefeasanceDefeasance option, the Notes Guarantees in effect at such time will terminate. Following the Issuer’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 with respect to any Series of Securities, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Securities of that Series on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Securities of that Series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Securities and this Indenture and the Notes Collateral Documents with respect to such Securities of such Series (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture outstanding Securities of that Series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal ofof (or, in the case of Original Issue Discount Securities of that Series, the portion thereby specified in the terms of such Security), premium, if any, and interest, if any, interest on the Notes such Securities when such payments payment are due solely out of the trust referred to in Section 8.4due; (2b) the Issuer’s obligations with respect to the Notes such Securities of that Series under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trustII; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent hereunder and the Issuer’s or Guarantors’ obligations in connection therewith; andand this Article VIII. (4d) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s or the Company’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and Notes, the Note Guarantees) , this Indenture, the Intercreditor Agreement and the Security Documents with respect to the Notes, and cause the release of all Liens on the Collateral granted under the Security Documents with respect to the Notes on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)of a series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, this Indenture Indenture, the Intercreditor Agreement and the Security Documents with respect to the Notes and cause the release of all Liens on the Collateral granted under the Security Documents with respect to the Notes (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust set forth in Article II; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceVIII. Subject to compliance with this Section 8.2Article VIII, the Issuer Company and the Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willGuarantor shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all Notes outstanding Notes (including the Note Guarantees and the Liens securing the Guarantee in connection with such Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)outstanding, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantor (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Owner Lessor's exercise under Section 8.1 11.1 hereof of the option applicable to this Section 8.211.2, the Issuer and each of the Guarantors willOwner Lessor shall, subject to the satisfaction of the conditions set forth in Section 8.411.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Lessor Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Owner Lessor shall be deemed to have paid and discharged the entire Indebtedness represented by the Debt Service Reserve Letter of Credit and by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Lessor Notes, which will shall thereafter be deemed to be “outstanding” "OUTSTANDING" only for the purposes of Section 8.5 11.5 hereof and the other Sections of this Lease Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Lessor Notes and this Lease Indenture and the Notes Collateral Documents (and the TrusteeLease Indenture Trustee or the Security Agent, as applicable, on written demand of and at the expense of the IssuerOwner Lessor, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders Noteholders of outstanding Lessor Notes issued under this Indenture to receive solely from the trust fund described in Section 11.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Lessor Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Owner Lessor's obligations with respect to the such Lessor Notes under Article II concerning issuing temporary Notes2 hereof, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Security Agent, the Lease Indenture Trustee and the Collateral any Agent hereunder and the Issuer’s or Guarantors’ Owner Lessor's obligations in connection therewith; and , including, without limitation, Article 8 and Section 11.5 and 11.7 hereunder, and (4d) this Article VIII with respect to provisions relating to Legal Defeasance11. Subject to compliance with this Section 8.2Article 11, the Issuer Owner Lessor may exercise its option under this Section 8.2 11.2 notwithstanding the prior exercise of its option under Section 8.311.3 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Issuers, Holdings and each of the Note Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including Notes, the Holdings Guarantee and the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, Notes and this Indenture including that of Holdings and the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Section 8.02. If the Issuers exercise the Legal Defeasance, the Guarantees in effect at such time will automatically terminate. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interestinterest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.48.4 hereof; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s Issuers’ or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including Notes, each of the Guarantors shall be deemed to be discharged from their obligations with respect to their Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and each of the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(18.02(a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written reasonable demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, interest and interestLiquidated Damages, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the IssuerCompany’s obligations with respect to the such Notes under Article II 2 concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and Company’s obligations under Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceEight. Subject to compliance with this Section 8.2Article Eight, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing to have cured all then existing Events of Default with respect to the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)such Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense including that of the Issuer, shall execute proper instruments acknowledging the same) Guarantors and to have cured all then existing Events of DefaultDefault with respect to the Notes (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust referred created pursuant to in Section 8.4this Indenture; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) the provisions of this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable (if any) to have this Section 8.28.02 applied to any Securities of any series, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Defeased Securities on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Defeased Securities, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Defeased Securities and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Notes issued under this Indenture outstanding Defeased Securities to receive solely from the trust fund under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes such Defeased Securities when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the IssuerCompany’s obligations with respect to the Notes such Defeased Securities under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.01 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will8.02, subject to the satisfaction of the conditions set forth in Section 8.48.04, the Company shall be deemed to have been discharged from all of its obligations with respect to all outstanding Notes and this Indenture and the Guarantors shall be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note their Subsidiary Guarantees and the Liens securing the Notes and the Note Guarantees) this Indenture on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections of this Indenture referred to in Sections 8.2(1) and (2)8.05, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for ); provided that the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4; 8.05; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent Company’s and the IssuerGuarantor’s or Guarantors’ obligations in connection therewith; and and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 of the option applicable to this Section 8.2, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections of this Indenture referred to in Sections 8.2(1) and (2), and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Junior-Priority Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal ofof and interest, premium, and Additional Interest, if any, and intereston, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.07, destroyed2.09 and 4.02 hereof and the Appendix, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including Notes, each of the Guarantors shall be deemed to be discharged from their obligations with respect to their Note Guarantees and the Liens securing Issuers and each of the Notes and Guarantors shall be deemed to be discharged from their obligations with respect to the Note Guarantees) Collateral Documents on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and each of the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(18.02(a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, the Collateral Documents, and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, or interest or premium and interestLiquidated Damages, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to under this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and have its and each Guarantor’s obligations discharged with respect to the Liens securing the Notes and the Note Guarantees) Security Documents on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents Registration Rights Agreement including that of the Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2B) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and the Collateral Agent Agent, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4D) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors willany Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.4, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will Guarantors, if any, shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note and any Guarantees and the Liens securing the Notes and the Note Guarantees)thereon, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and through (2)d) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Security Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4due; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trustpayments; (3c) the rights, powers, truststrust, duties and immunities of the Trustee and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal DefeasanceVIII. Subject to compliance with this Section 8.2Article VIII, the Issuer Company may exercise its option under this Section 8.2 8.2, notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors with each Guarantor released from all of its obligations with respect to its Guarantee (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper such instruments requested by the Issuers acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2B) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4D) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the and Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and the Collateral Agent Company’s and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors with each Guarantor released from all of its obligations with respect to its Guarantee (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments requested by the Company acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2B) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4D) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 11.01 of the option applicable to this Section 8.211.02, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.411.04, be deemed to have been discharged from their its obligations with respect to this Indenture and the Security Documents and all outstanding Notes (including and all obligations of the Note Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture, the Guarantees and the Liens securing the Notes and the Note Guarantees) Security Documents on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 11.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) of this Section 11.02, and to have satisfied shall be deemed discharged from the payment and performance of all of their other obligations under such this Indenture, the Notes, the Note Guarantees, this Indenture Guarantees and the Notes Collateral Security Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from Funds in Trust (as defined in Section 11.04 and as more fully set forth in such Section) payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out due, (b) subject to clause (a) of this Section 11.02, the trust referred to in Section 8.4; (2) the IssuerCompany’s obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Two and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 7.02, (3c) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and the Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII Eleven. If the Company exercises its legal defeasance option pursuant to this Section 11.02, the Subsidiary Guarantees will terminate with respect to provisions relating the Notes, and payment of the Notes may not be accelerated pursuant to Legal DefeasanceSection 9.02 because of an Event of Default. Subject to compliance with this Section 8.2Article Eleven, the Issuer Company may exercise its option under (if any) to have this Section 8.2 11.02 applied to any Notes notwithstanding the prior exercise of its option under (if any) to have Section 8.311.03 applied to such Notes.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth below in this Section 8.4 8.02 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) of this Section 8.02, to have cured all then-existing Defaults and Events of Default and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including the Notes Collateral Documents obligations of the Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including and the Note related Guarantees and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2b) below (it being understood that such Notes shall not be deemed outstanding for accounting purposes), and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of the Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust set forth in Article 2 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent hereunder and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including and the Note related Guarantees and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2b) below (it being understood that such Notes shall not be deemed outstanding for accounting purposes), and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or and the Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) the provisions of this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuer’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the any Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the any Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1Section 8.02(a)(1) and (2), and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents and this Indenture, including that of any Subsidiary Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and or premium or interest, if any, on the on, such Notes when such payments are due solely out of from the trust created pursuant to this Indenture referred to in Section 8.48.04; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ (and any Subsidiary Guarantor’s) obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section 8.02. (b) Following the Issuer’s exercise of its Legal DefeasanceDefeasance option, payment of the Notes may not be accelerated because of an Event of Default. If the Issuer exercises its Legal Defeasance option, the Note Guarantees in effect at such time shall terminate. (c) Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.48.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Subsidiary Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Subsidiary Guarantees and this Indenture and including that of the Notes Collateral Documents Subsidiary Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) ), and to have cured all then then-existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII Section 8.02. If the Company exercises the Legal Defeasance option, (a) the Subsidiary Guarantees in effect at such time shall terminate and each Subsidiary Guarantor shall be automatically and unconditionally released and discharged from all of its obligations with respect to thereto and (b) the Collateral will be released from the Liens securing the Notes in accordance with the provisions relating to Legal Defeasancedescribed above. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Company exercises its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Subsidiary Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premiumpremium on, if any, and interestor interest or Additional Interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Subsidiary Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their its obligations with respect to this Indenture and the Security Documents and all outstanding Notes (including and all obligations of the Note Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture, the Guarantees and the Liens securing the Notes and the Note Guarantees) Security Documents on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) of this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all of their other obligations under such this Indenture, the Notes, the Note Guarantees, this Indenture Guarantees and the Notes Collateral Security Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from Funds in Trust (as defined in Section 8.04 and as more fully set forth in such Section) payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out due, (b) subject to clause (a) of this Section 8.02, the trust referred to in Section 8.4; (2) the IssuerCompany’s obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Two and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII Eight. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to provisions relating the Notes, and payment of the Notes may not be accelerated pursuant to Legal DefeasanceSection 6.02 because of an Event of Default. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under (if any) to have this Section 8.2 8.02 applied to any Notes notwithstanding the prior exercise of its option under (if any) to have Section 8.38.03 applied to such Notes.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 and the other Sections 8.05 hereof, to have cured all then existing Events of this Indenture referred to in Sections 8.2(1) and (2), Default and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2B) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4D) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the and Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(1) and (2)) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture, including that of the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section 8.02. (b) Following the Company’s exercise of its Legal DefeasanceDefeasance option, payment of the Notes may not be accelerated because of an Event of Default. If the Company exercises its Legal Defeasance option, the Note Guarantees in effect at such time shall terminate. (c) Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s Co-Obligors’ exercise under Section 8.1 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willCo-Obligors shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including and all obligations of the Note Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Co-Obligors and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCo-Obligors, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from Funds in Trust (as defined in Section 8.04 hereof and as more fully set forth in such Section) payments in respect of the principal of, premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Co-Obligors’ obligations with respect to the such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Two and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the Issuer’s or GuarantorsCo-Obligors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceEight. Subject to compliance with this Section 8.2Article Eight, the Issuer Co-Obligors may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuer, Holdings, Intermediate Holdings and each of the Note Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including Notes, the Holdings Guarantee, the Intermediate Holdings Guarantee and the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such NotesNotes and this Indenture including that of Holdings, Intermediate Holdings and the Note Guarantees, this Indenture and the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Section 8.02. If the Issuer exercises the Legal Defeasance, the Liens on the Collateral will be automatically released and Guarantees in effect at such time will automatically terminate. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.04 (“Conditions to Legal or Covenant Defeasance”) hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, “Legal Defeasance Defeasance” means that the Issuer Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (1) and (2)) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premiumor interest or premium (including the Applicable Premium), if any, and intereston, if any, on the such Notes (including in connection with any redemption or purchase of Notes pursuant to Article 3) when such payments are due solely out of from the trust referred to in Section 8.48.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II 2 and Section 4.02 (“Maintenance of Office or Agency”) hereof concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent Company’s and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section and Section 8.02 (“Legal DefeasanceDefeasance and Discharge”) of this Indenture. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 (“Legal Defeasance and Discharge”) notwithstanding the prior exercise of its option under Section 8.38.03 (“Covenant Defeasance”) hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing to have cured all then existing Events of Default with respect to the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture including that of the Subsidiary Guarantors and to have cured all then existing Events of Default with respect to the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust referred created pursuant to in Section 8.4this Indenture; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) the provisions of this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to have this Section 8.28.02 applied to the Notes, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Defeased Securities on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Defeased Securities, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Defeased Securities and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Notes issued under this Indenture outstanding Defeased Securities to receive solely from the trust fund under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Special Interest, if any, on the Notes such Defeased Securities when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the IssuerCompany’s obligations with respect to the Notes such Defeased Securities under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Company’s and the Issuer’s or Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, each of the Issuer Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the related Note Guarantees Guarantees), and have Liens, if any, on the Liens Collateral securing the Notes and the Note Guarantees) released, on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Guarantees and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) , such instruments to be prepared and delivered to have cured all then existing Events of Defaultthe Trustee by the Issuers), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture hereunder to receive payments in respect of the principal of, or interest or premium, if any, and interest, if any, on the Notes when such payments are due solely out of from the trust referred to in Section 8.4below; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II issued hereunder, including, but not limited to, their right to be indemnified, concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent obligations of the Issuers and the Issuer’s or Guarantors’ obligations Guarantors in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable (if any) to have this Section 8.28.02 applied to any Securities of any series, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Defeased Securities on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Defeased Securities, which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Defeased Securities and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Notes issued under this Indenture outstanding Defeased Securities to receive solely from the trust fund under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes such Defeased Securities when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Company's obligations with respect to the Notes such Defeased Securities under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.01 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the Issuer’s or Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth below in this Section 8.4 8.02 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1Section 8.02(a) and (2b), and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including the Notes Collateral Documents obligations of the Guarantors (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company or such Guarantor acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the IssuerCompany’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer Company may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its their option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the IssuerDefeasor’s exercise under Section 8.1 of the option applicable to this Section 8.2, the Issuer and each of the Subsidiary Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.4, shall be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) Subsidiary Guarantees on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer and the Subsidiary Guarantors will shall be deemed to have paid and discharged all the entire Indebtedness represented by obligations relating to the outstanding Notes (including and the Note Subsidiary Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.6, Section 8.8 and the other Sections of this Indenture referred to below in Sections 8.2(1) and (2)this Section 8.2, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Subsidiary Guarantees and this Indenture and the Notes Collateral Documents cured all then existing Events of Default (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, interest and interestAdditional Amounts, if any, on the such Notes when such payments are due or on the Redemption Date solely out of the trust referred Defeasance Trust created pursuant to in Section 8.4; this Indenture; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, or, where relevant, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or and the Subsidiary Guarantors’ obligations in connection therewith; and and (4d) this Article VIII with respect to provisions relating to Legal Defeasanceand the obligations set forth in Section 8.6 hereof. Subject to compliance with this Section 8.2Article VIII, the Issuer Defeasor may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.38.3 with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), respectively, which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, interest and interestLiquidated Damages, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Company's obligations with respect to the such Notes under Article II Two concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company's obligations under Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Company's and the Issuer’s or Guarantors’ ' obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceEight. Subject to compliance with this Section 8.2Article Eight, the Issuer Company may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, interest and interestAdditional Interest, if any, on the on, such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.09 and Section 3.11 concerning 4.02 hereof and the maintenance of an office or agency for payment and money for security payments held in trust; Appendix, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. (a) Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the and Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(1) and (2), and to have satisfied all of their its other obligations under such Notes, Notes (including the Note Guarantees) and this Indenture, this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.48.05; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Collateral Agent and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Section 8.02. (b) Following the Issuers’ exercise of its Legal DefeasanceDefeasance option, payment of the Notes may not be accelerated because of an Event of Default. If the Issuers exercise their Legal Defeasance option, the Note Guarantees in effect at such time shall terminate. (c) Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including and Guarantees, the Note Guarantees Collateral released and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or and the Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, and interest, if any, interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10 and Section 3.11 concerning 4.02 hereof and the maintenance of an office or agency for payment and money for security payments held in trust; Appendix, (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Agents hereunder and the Issuer’s or Issuers’ and the Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 with respect to a Series of Securities, the Issuer and each the Guarantor of the Guarantors willsuch Series of Securities shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes Securities of such Series and all Guarantees (including the Note Guarantees and the Liens securing the Notes and the Note Guaranteesif any) of such Series on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness debt represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Securities of such Series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under the Securities of such Notes, the Note Guarantees, Series and this Indenture and with respect to such Series of Securities, including obligations of the Notes Collateral Documents Guarantor (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunderhereunder with respect to such Series of Securities: (1a) the rights of the Holders of Notes issued under this Indenture the outstanding Securities of such Series to receive payments in respect of the principal of, or interest or premium, if any, and intereston, if any, on the Notes such Securities of such Series when such payments are due solely out of from the trust referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration Securities of such NotesSeries under Sections 2.06, mutilated2.07, destroyed2.08, lost or stolen Notes 2.09 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust2.10; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent of such Series of Securities hereunder and the Issuer’s or Guarantors’ obligations in connection therewiththerewith under Article Two and Article Seven (including, but not limited to, the rights of the Trustee and the duties of the Issuer under Section 7.07, which shall survive despite the satisfaction in full of all obligations hereunder); and (4d) Sections 8.01, 8.02, 8.05, 8.06 and 8.07. If the Issuer exercises its option under this Article VIII Section 8.02 with respect to provisions relating to Legal Defeasanceone or more Series of Securities, payment of such Series of Securities may not be accelerated. Subject to compliance with this Section 8.2Article Eight, the Issuer may exercise its option under this Section 8.2 8.02 with respect to any Series of Securities notwithstanding the prior exercise of its option under Section 8.38.03 hereof with respect to any Series of Securities.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Subsidiary Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their respective Obligations and certain other obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) , as applicable, on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Subsidiary Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1clauses (a) and (2)b) of this sentence below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest (including Additional Interest, if any) on, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10 and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Subsidiary Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its the option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.3.8.03 hereof. Back to Contents

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willIssuers shall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees Notes, and the Liens securing the Notes and the Note Guarantees) each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.4 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2), b) below) and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes or Subsidiary Guarantee and this Indenture and the Notes Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, interest and interestAdditional Interest, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4; due, (2b) the Issuer’s Issuers’ obligations with respect to the such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.09 and Section 3.11 concerning 4.02 hereof and the maintenance of an office or agency for payment and money for security payments held in trust; Appendix, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and therewith and (4d) the Legal Defeasance provisions of this Article VIII with respect to provisions relating to Legal Defeasance8. Subject to compliance with this Section 8.2Article 8, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2b) of this Section 8.02 (it being understood that such Notes shall not be deemed outstanding for accounting purposes), and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then then-existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Agents, and the Issuer’s or GuarantorsIssuers’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article VIII, the Issuer Issuers may exercise its their option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) all Events of Default cured on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 hereof and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2b) below (it being understood that such Notes shall not be deemed outstanding for accounting purposes), and to have satisfied all of their other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04 hereof; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or and the Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.48.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note and Guarantees and the Liens securing the Notes and the Note Guarantees) cured all then existing Events of Default on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 8.05 and the other Sections of this Indenture referred to in Sections 8.2(1(a) and (2)b) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees, Notes and this Indenture and including that of the Notes Collateral Documents Guarantors (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of, premium, if any, and interest, if any, interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.48.04; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent Trustee, and the Issuer’s or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal DefeasanceSection 8.02. Subject to compliance with this Section 8.2Article 8, the Issuer may exercise its option under this Section 8.2 8.02 notwithstanding the prior exercise of its option under Section 8.38.03.