Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and Guarantee, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 6 contracts
Samples: Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP), Healthcare Realty Holdings, L.P.
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 5 contracts
Samples: California Resources (California Resources Corp), Range Resources (Range Resources Corp), Indenture (California Resources Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 12.1 of the option applicable to this Section 12.0212.2, the Issuer Issuers and the Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof12.4, be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes and Guarantee (including the Note Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Outstanding Notes and (including the Note Guarantee), which will thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 12.05 hereof 12.5 and the other sections Sections of this the Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantee and this the Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 4 contracts
Samples: Fourth Supplemental Indenture (CyrusOne Inc.), Third Supplemental Indenture (CyrusOne Inc.), First Supplemental Indenture (CyrusOne Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on 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:
Appears in 4 contracts
Samples: Indenture (Igate Corp), Indenture (Igate Corp), Junior Lien Intercreditor Agreement (Bankrate, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and Guarantee, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 4 contracts
Samples: Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, Parent, the Issuer and each of the Guarantor Subsidiary Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that Parent, the Issuer and the Guarantor Subsidiary Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 4 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 3 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 12.1 hereof of the option applicable to this Section 12.0212.2 with respect to a series of Securities, the Issuer and the Guarantor Issuers will, subject to the satisfaction of the conditions set forth in Section 12.04 12.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Issuers will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeOutstanding Securities of such series, which will thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 12.05 12.5 hereof and the Articles and other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 3 contracts
Samples: Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne Inc.), Indenture (CyrusOne LP)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations obligation with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on 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:
Appears in 3 contracts
Samples: Indenture (Armored AutoGroup Inc.), Indenture (Crown Media Holdings Inc), Indenture (Cumulus Media Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the each Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 3 contracts
Samples: Indenture (CSI Compressco LP), Indenture (Tetra Technologies Inc), Indenture (Compressco Partners, L.P.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) belowbelow (it being understood that such Notes will not be deemed outstanding for accounting purposes), and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall will execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 3 contracts
Samples: Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.), Supplemental Indenture (Nord Anglia Education, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 3 contracts
Samples: Indenture (Herbalife Nutrition Ltd.), Supplemental Indenture (Herbalife Nutrition Ltd.), Indenture (Herbalife Nutrition Ltd.)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this 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 survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Indenture (Ladder Capital Finance Corp), Indenture (Ladder Capital Corp)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations obligation with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.6 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and through (b4) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on 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:
Appears in 2 contracts
Samples: CPG Merger Sub (CPG Newco LLC), CPG Merger Sub (CPG Newco LLC)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their respective obligations under this Indenture, the Notes and the Guarantees thereof with respect to all outstanding Notes and Guarantee Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeNotes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a1) and (b2) of Section 12.04(b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Sabra Health Care REIT, Inc., Care Capital Properties, Inc.
Legal Defeasance and Discharge. Upon the Company’s or the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willshall, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes, the Note Guarantees, this Indenture, the Intercreditor Agreements and the other 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 Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guaranteeof a series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their its other obligations under such Notes, the Guarantee Note Guarantees, this Indenture, the Intercreditor Agreements and this Indenture the other 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 demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Additional Intercreditor Agreement (Encore Capital Group Inc), Additional Intercreditor Agreement (Encore Capital Group Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willIssuer, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, will be deemed to have been discharged from their its obligations with respect to the Notes issued under this Indenture and to have cured all outstanding Notes and Guarantee then existing Events of Default on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeNotes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (ai) and (bii) below, and to have satisfied all their its other obligations under such Notesthis Indenture, the Guarantee Notes and this Indenture any supplemental indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: North Atlantic Drilling Ltd., North Atlantic Drilling Ltd.
Legal Defeasance and Discharge. Upon the Issuer’s Partnership's exercise under Section 12.01 13.1 hereof of the option applicable to this Section 12.0213.2, the Issuer Partnership and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 13.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Securities (including the Securities Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Partnership and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeSecurities (including the Securities Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 13.5 hereof and the other sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such NotesSecurities, the Guarantee Securities Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerPartnership, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Cheniere Energy Partners, L.P., Cheniere Energy Partners, L.P.
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guaranteethe Guarantees, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Supplemental Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee and this Indenture Note 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:
Appears in 2 contracts
Samples: Credit Agreement (Embecta Corp.), Credit Agreement (Embecta Corp.)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Company and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the samesame in form and substance reasonably satisfactory to the Trustee), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Indenture (Emergent BioSolutions Inc.), Paying Agent (MTS Systems Corp)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the each Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeGuarantees, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 2 contracts
Samples: Indenture (Innovative Industrial Properties Inc), AFC Gamma, Inc.
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the TrusteeTrustee and the Notes Collateral Agent, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding Notes and Guaranteethe Note Guarantees, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on 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:
Appears in 1 contract
Samples: Indenture (ExamWorks Group, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including, the Note Guarantees), which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Cogent Management Inc
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Company and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments reasonably requested by the Company acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b) below, this Indenture and to have satisfied caused the release of all their other obligations Liens on the Collateral granted under such Notes, the Guarantee and this Indenture Security Documents (and the Trustee, on demand of and at the expense of the IssuerIssuer along with an Officer’s Certificate and an Opinion of Counsel, shall execute proper such instruments as reasonably requested by the Issuer acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Intercreditor Agreement
Legal Defeasance and Discharge. Upon the IssuerOPTI’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, OPTI and each of the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer OPTI and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerOPTI, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:: 77
Appears in 1 contract
Samples: Indenture (Opti Canada Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and each of the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding 5.625% Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding 5.625% Notes and Guaranteethe Note Guarantees, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Supplemental Indenture referred to in clauses (ai) and (bii) below, and to have satisfied all of their other obligations under such 5.625% Notes, the Guarantee Guarantees and this Supplemental Indenture (and the Trustee, on 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:
Appears in 1 contract
Samples: First Supplemental Indenture (ExamWorks Group, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Guarantor Issuers will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee cured of all then existing Defaults and Events of Defaults on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Issuers will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeNotes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, of this Section 8.02 and to have satisfied all their other obligations under such Notes, the Guarantee Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Lennar Corp /New/)
Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Issuers and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes and Guarantee Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that each of the Issuer Issuers and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeNote Guarantees, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their of its other obligations under such Notes, the Guarantee Notes and Note Guarantees and this Indenture Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.1 of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.5 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (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:
Appears in 1 contract
Samples: DPC Products, Inc.
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeGuarantees, which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a1) and (b2) of Section 12.04(b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Lexington Realty Trust)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on written demand of and at the expense ex- pense 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:
Appears in 1 contract
Samples: Indenture (Epicor Software Corp)
Legal Defeasance and Discharge. Upon the IssuerOPTI’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, OPTI and each of the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer OPTI and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerOPTI, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Opti Canada Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the each Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations 108 under such Notes, the Guarantee Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (CSI Compressco LP)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer Issuers and each of the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Subsidiary Guarantees) on the date the conditions set forth below in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (NRG Rema LLC)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their respective obligations under this Indenture, the Notes and the Guarantees thereof with respect to all outstanding Notes and Guarantee Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeGuarantees, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a1) and (b2) of Section 12.04(b) below, and to have satisfied all their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this 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 survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Trisyn Group, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer Issuers and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee and this Indenture Note 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:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise by the Company and the Guarantors under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer Company and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect applicable to all the outstanding Notes and Guarantee the related Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantor will Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guaranteethe Guarantees, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, this Indenture, the Guarantee related Guarantees and this Indenture any Registration Rights Agreement (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:: the rights of Holders to receive payments in respect of the principal of, premium, if any, and interest on the Notes when such payments are due from the trust referred to below;
Appears in 1 contract
Samples: Saxon Capital Inc
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 Section 8.1 hereof of the option applicable to this Section 12.02Section 8.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 Section 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 Section 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a(1) and (b(2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee and this Indenture Note 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:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof Section 8.1 of the option applicable to this Section 12.02Section 8.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereofSection 8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guarantee(including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof Section 8.5 and the other sections Sections of this Indenture referred to in clauses (aSections 8.2(1) and (b8.2(2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee and this Indenture Note 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:
Appears in 1 contract
Samples: Indenture (Option Care Health, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and GuaranteeGuarantees, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Essex Portfolio Lp)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee Guarantees and have the Liens on the Collateral granted by the Security Documents released on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeNotes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their its other obligations under such Notes, the Guarantee Notes and this Indenture and the Security Documents, including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments as reasonably requested by the Issuer acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Unisys Corp)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will be deemed to have paid and discharged the entire Debt represented by the outstanding Notes and Guarantee, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all their other obligations under such Notes, the Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (BioMed Realty Trust Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof of the option applicable to this Section 12.02, the Issuer and the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes Securities and Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt debt represented by the outstanding Notes Securities and GuaranteeGuarantees, which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof and the other sections of this Indenture referred to in clauses (a1) and (b2) of Section 12.04(b) below, and to have satisfied all their other obligations under such NotesSecurities, the Guarantee Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Guarantor willGuarantors shall, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes issued under this Indenture and Guarantee Guarantees issued under this Indenture on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and Guaranteeissued under this Indenture, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their its other obligations under such Notes, the Guarantee and this Indenture and the Security Documents including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (Nesco Holdings, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 hereof 8.01 of the option applicable to this Section 12.028.02, the Issuer and the Parent Guarantor will, subject to the satisfaction of the conditions set forth in Section 12.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Parent Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Parent Guarantor will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and (including the Parent Guarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 hereof 8.05 and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their other obligations under such Notes, the Parent Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Indenture (ReNew Energy Global PLC)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.1 hereof of the option applicable to this Section 12.028.2, the Issuer and each of the Guarantor Guarantors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes and Guarantee (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor Guarantors will be deemed to have paid and discharged the entire Debt Indebtedness represented by the such outstanding Notes and Guarantee(including the Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.5 hereof and the other sections Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all of their other obligations under such Notes, the Guarantee Guarantees and this Indenture (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:
Appears in 1 contract
Samples: Indenture (Infor, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 12.01 8.01 hereof of the option applicable to this Section 12.028.02, the Issuer and the Guarantor Obligors will, subject to the satisfaction of the conditions set forth in Section 12.04 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes and Guarantee Securities (including the Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes and GuaranteeSecurities (including the related guarantees, if any), which will thereafter be deemed to be “outstanding” only for the purposes of Section 12.05 8.05 hereof and the other sections Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all their its other obligations under such NotesSecurities, the Guarantee such Guarantee, and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Obligors acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:
Appears in 1 contract
Samples: Equinix Europe (Equinix Europe 2 Financing Corp LLC)