Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities 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, and interest on such Securities when such payments are due, (b) the Company’s obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities.
Appears in 14 contracts
Samples: Indenture (Chesapeake Royalty LLC), Indenture (Chesapeake Louisiana Lp), Indenture (Chesapeake Energy Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) the provisions of this Article Eight8 with respect to Legal Defeasance. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 14 contracts
Samples: Second Supplemental Indenture (Lear Corp), First Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 14 contracts
Samples: Indenture (Premier Parks Inc), Indenture (Nexstar Broadcasting of the Wichita Falls LLC), Indenture (Pac-West Telecomm Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.1 of the option applicable to this Section 8.028.2, each of the Company shall and the Subsidiary Guarantors, if any, shall, subject to the satisfaction of the conditions set forth in Section 8.4, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and related Note Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture as it relates to such Notes (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s and Subsidiary Guarantors’ obligations with respect to such Securities the Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04Article II, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Subsidiary Guarantors’ obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3.
Appears in 12 contracts
Samples: Senior Notes Indenture (Iron Mountain Inc), Senior Notes Indenture (Iron Mountain Inc), Senior Notes Indenture (Iron Mountain Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of of, and at the expense of of, the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on on, such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and (d) the provisions of this Article Eight8 with respect to Legal Defeasance. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 12 contracts
Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)
Legal Defeasance and Discharge. Upon the Company’s Issuer's exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company shall Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.05 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Securities the Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions, which shall survive until otherwise terminated or discharged hereunder: hereunder or until the Notes have been paid in full:
(a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.06 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s Issuer's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company Issuer may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.04 hereof.
Appears in 8 contracts
Samples: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities Notes and Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness debt represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture Indenture, including obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities 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, and interest on such Securities when such payments are due, (b) the Company’s obligations with respect to such Securities the Notes under Sections 2.03, 2.042.05, 2.06, 2.07, 2.09 2.08 and 4.04, 2.09;
(cb) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith under Article Two and Article Seven (including, but not limited to, the rights of the Trustee and the duties of the Company under Section 7.07, which shall survive despite the satisfaction in full of all obligations hereunder); and
(c) Sections 8.01, 8.02, 8.05, 8.06 and (d) this Article Eight8.07. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 8 contracts
Samples: Indenture (O Reilly Automotive Inc), Indenture (O'Reilly II Aviation Corp), Indenture (O Reilly Automotive Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company shall and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of any series on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and the Company’s or any Guarantors’ obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.04 hereof.
Appears in 8 contracts
Samples: Indenture (Opko Health, Inc.), Indenture (Opko Health, Inc.), Indenture (Marinemax Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities 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, and interest on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities.
Appears in 8 contracts
Samples: Indenture (Sap Acquisition LLC), Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Operating Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 7 contracts
Samples: Indenture (RWBV Acquisition Corp), Indenture (Cellular Communications International Inc), Indenture (Rayovac Corp)
Legal Defeasance and Discharge. Upon The Issuer shall, subject to the Company’s exercise under Section 8.01 satisfaction of the option applicable to this conditions set forth in Section 8.0210.4 hereof, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Outstanding Securities, which shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 10.5 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all of its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments delivered to it by the Issuer acknowledging the same), except for of the following provisions which shall survive until otherwise terminated or discharged hereunder: ; (a) the rights of Holders Holder of outstanding Outstanding Securities 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, and interest on such Securities when such payments are due, due from the trust referred to below; (b) the Company’s Issuer's obligations with respect to such the Securities under Sections 2.03concerning mutilated, 2.04destroyed, 2.06, 2.07, 2.09 lost or stolen Securities and 4.04, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Company’s Issuer's obligations in connection therewith (including, but not limited to, Section 7.07) therewith; and (d) the Legal Defeasance provisions of this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the SecuritiesIndenture.
Appears in 6 contracts
Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 1201 of the option applicable to this Section 8.021202, the Company shall be deemed to have been discharged from its respective obligations with respect to all outstanding Securities Outstanding Notes on the date all the conditions set forth below in Section 1204 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesOutstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 1205 and the other Sections of this Indenture referred to in (aA) and (bB) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Securities Outstanding Notes 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, of (and premium, if any, on) and interest on such Securities Notes when such payments are due, solely out of the trust described in Section 1204, (bB) the Company’s obligations with respect to such Securities Notes under Sections 2.03304, 2.04305, 2.06306, 2.07, 2.09 1002 and 4.041003, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s obligations of the Company in connection therewith (including, but not limited to, Section 7.07) and (dD) this Article EightTwelve. Subject to compliance with this Article EightTwelve, the Company may exercise its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 1203 with respect to the SecuritiesNotes.
Appears in 6 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “the "outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities 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, and interest on such Securities the Notes when such payments are due, ;
(b) the Company’s 's obligations with respect to such Securities under Sections 2.03the Notes concerning issuing temporary Notes, 2.04registration of Notes, 2.06mutilated, 2.07destroyed, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payments;
(c) the rights, powers, truststrust, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) the Legal Defeasance provisions of this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2, notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 5 contracts
Samples: Indenture (Dole Food Co Inc), Indenture (Dole Food Company Inc), Indenture (Dole Food Co Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 7.02, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.047.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.07 and 4.043.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 6.07 hereof, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight7. Subject to compliance with this Article Eight7, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 7.03 hereof with respect to the Securities.
Appears in 5 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a1) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, ;
(b2) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02 hereof;
(c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith; and
(including, but not limited to, Section 7.07) and (d4) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 5 contracts
Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes of any series on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesNotes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes of such series to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) the provisions of this Article Eight8 with respect to Legal Defeasance. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 5 contracts
Samples: Subordinated Indenture (Aptiv Corp), Senior Indenture (Aptiv Corp), Senior Indenture (Delphi Automotive PLC)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the amounts deposited in trust fund as described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date all the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Securities Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.042.05, 2.06, 2.072.09, 2.09 2.12 and 4.044.02 hereof and the second paragraph of Section 4.19 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and any Guarantor’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (CGG), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date all the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Securities Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest on on, such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.044.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and any Guarantor’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if anyprincipal, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article II and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 4 contracts
Samples: Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Note Guarantee, on the date all the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Financial Indebtedness represented by the outstanding SecuritiesNotes, and each Guarantor shall be deemed to have paid and discharged its Note Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Securities Notes or Note Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.044.02 hereof and the second paragraph of Section 4.19 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and any Guarantor’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (CGG), Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, interest and interest Liquidated Damages, if any, on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof and under the Registration Rights Agreement with respect to the registration of Notes, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Covad Communications Group Inc), Indenture (Sterling Chemical Inc), Indenture (Sterling Chemical Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 8.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 4 contracts
Samples: Indenture (Laredo Petroleum, Inc.), Indenture (Laredo Petroleum, Inc.), Indenture (Laredo Petroleum Holdings, Inc.)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesSenior Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Senior Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Senior Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Senior Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Leslie Resources Inc), Indenture (Riddell Sports Inc), Indenture (Varsity Spirit Corporation)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03304, 2.04, 2.06, 2.07, 2.09 305 and 4.04306 of the Base Indenture and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) the provisions of this Article Eight8 with respect to Legal Defeasance. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Seventh Supplemental Indenture (Central Garden & Pet Co), Third Supplemental Indenture (Central Garden & Pet Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium, if any, premium and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article II and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 4 contracts
Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, interest, and premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's and the Subsidiary Guarantors' obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Subordinated Indenture (Airgate PCS Inc /De/), Senior Indenture (Airgate PCS Inc /De/), Subordinated Indenture (Airgate PCS Inc /De/)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes of such Series (including the related guarantees, if any) on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes of such Series (including the related guarantees, if any), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its of their other obligations under such Securities Notes, such guarantees, if any, and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, interest and premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities the Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 4 contracts
Samples: Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD), Indenture (Genco Shipping & Trading LTD)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date all the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Securities Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.044.02 hereof and the second paragraph of Section 4.19 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and any Guarantor’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (CGG), Indenture (CGG Holding B.V.), Indenture (CGG Veritas)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” outstanding only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all of its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments delivered to it by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities Notes when such payments are due, due from the trust referred to below; (b) the Company’s obligations with respect to such Securities under Sections 2.03the Notes concerning mutilated, 2.04destroyed, 2.06, 2.07, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) therewith; and (d) the Legal Defeasance provisions of this Article EightIndenture. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Citizens Communications Co), Indenture (Citizens Communications Co), Indenture (Citizens Communications Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest and Liquidated Damages, if any, on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Pegasus Communications Corp /), Indenture (Pegasus Communications Corp), Indenture (Pegasus Communications Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.027.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 7.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 7.05 and the other Sections of this Supplemental Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Securities Notes and this Supplemental Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of such outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 7.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article One and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and under the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) Indenture and (d) this Article EightSeven. Subject to compliance with this Article EightSeven, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities7.03.
Appears in 3 contracts
Samples: Fifth Supplemental Indenture (Vital Energy, Inc.), Third Supplemental Indenture (Laredo Petroleum, Inc.), Fourth Supplemental Indenture (Laredo Petroleum, Inc.)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.028.02 and subject to the satisfaction of the conditions set forth in Section 8.04 hereof, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”)") and the obligations of the Guarantors under the Subsidiary Guarantees, if any, then existing shall concurrently terminate. For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive receive, solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Articles 2 and 4.047 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Fine Jewelry Corp), Indenture (Finlay Enterprises Inc /De)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 of the option applicable to this Section 8.028.2, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.032.4, 2.042.6, 2.062.7, 2.07, 2.09 2.10 and 4.045.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 with respect to the SecuritiesNotes.
Appears in 3 contracts
Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and each Subsidiary Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee on the date all the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, and each Subsidiary Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) below, ) and to have satisfied all its other obligations under the Notes or such Securities Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section, payments payment in respect of of, the principal of, and premium, if any, and interest on such Securities Notes when such payments are due, ;
(b) the Company’s obligations with respect to such Securities the Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.04, 4.02;
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and Trustee; and
(d) the Legal Defeasance and Covenant Defeasance provisions of this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 3 contracts
Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company shall will, subject to the satisfaction of the conditions set forth in Section 7.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Outstanding Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesOutstanding Notes, which shall will thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 12.06 of the Base Indenture and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand written request of and at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities Outstanding Notes 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, premiumpremium on, if any, and interest on such Securities Notes when such payments are due, due from the trust referred to in Section 7.04 hereof;
(b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 3 of the Base Indenture and 4.04, Section 4.02 hereof;
(c) the rights, powers, truststrust, duties and immunities of the Trustee hereunder and under the Base Indenture and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) this Article Eight7, as it relates to Legal Defeasance. Subject to compliance with this Article Eight7, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities7.03 hereof.
Appears in 3 contracts
Samples: First Supplemental Indenture (Huntsman International LLC), Second Supplemental Indenture (Huntsman International LLC), First Supplemental Indenture (Huntsman International LLC)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumof premium or Special Interest, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.2 hereof of the option applicable to this Section 8.028.3, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.5 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all conditions set forth below are satisfied of any series (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesSecurities of that series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.6 hereof and the other Sections of this Indenture referred to in clause (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of such series to receive solely from the trust fund described in Section 8.048.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, on and interest on such Securities when such payments are due, (b) the Company’s obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article II and 4.04Section 4.4 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and any Agent hereunder and the Company’s obligations in connection therewith (therewith, including, but not limited towithout limitation, Article VII and Section 7.07) 8.6 and 8.8 hereunder, and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.3 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.4 hereof.
Appears in 3 contracts
Samples: Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp), Indenture (WSFS Financial Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of such outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 8.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) under this Indenture and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 3 contracts
Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.), Indenture (Laredo Petroleum, Inc.)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 10.1 hereof of the option applicable to this Section 8.0210.2 with respect to the Outstanding Securities of any series, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities as to which this option provided in Section 10.1 is exercised and the Guarantors, if any, shall be released from the Guarantees with respect to all such Outstanding Securities, on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding such Outstanding Securities and this Indenture shall cease to be of further effect as to all such Outstanding Securities, which shall thereafter except as to be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and the Company shall be deemed to have satisfied all other of its other obligations under such Outstanding Securities and this Indenture with respect to such Securities (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Securities 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, and interest on such Securities when such payments are duedue from the trust described in Section 10.5, (b) the Company’s obligations with respect to such Securities under Sections 2.033.4, 2.043.5, 2.063.6, 2.073.7, 2.09 3.8, 3.10, 6.2, 10.5, 10.6 and 4.0410.7 hereof, and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eighttherewith. Subject to compliance with this Article EightX, the Company may exercise its option under this Section 8.02 10.2 notwithstanding the prior exercise of its option under Section 8.03 10.3 hereof with respect to the such Securities.
Appears in 3 contracts
Samples: Indenture (Transocean RIGP DIN Opco LTD), Indenture (Sally Investment Holdings LLC), Indenture (Sally Investment Holdings LLC)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such Securities this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 8.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 3 contracts
Samples: Indenture (Continental Resources Inc), Indenture (Continental Resources Inc), Indenture (Continental Resources Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Debentures on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesDebentures, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Debentures and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Debentures to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Debentures when such payments are due, (b) the Company’s Issuers' obligations with respect to such Securities Debentures under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Anthony Crane Rental Holdings Lp), Indenture (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.027.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 7.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 7.05 and the other Sections of this Supplemental Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Securities Notes and this Supplemental Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 7.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article One and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and under the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) Indenture and (d) this Article EightSeven. Subject to compliance with this Article EightSeven, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities7.03.
Appears in 3 contracts
Samples: Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum Holdings, Inc.)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company and the Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.2, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Securities under Sections 2.032.4, 2.042.6, 2.062.7, 2.07, 2.09 2.10 and 4.044.2 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 7.7 hereof, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight8. Upon Legal Defeasance as provided herein, the Guarantee of each Guarantor shall be fully released and discharged and the Trustee shall promptly execute and deliver to the Company any documents reasonably requested by the Company to evidence or effect the foregoing. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof with respect to the Securities.
Appears in 3 contracts
Samples: Indenture (Beverly Enterprises Inc), Indenture (Rehabilitation Associates of Lafayette Inc), Indenture (Beverly Enterprises Inc /De/)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.02, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 7.07 hereof, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof with respect to the Securities.
Appears in 3 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04(a), and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Securities Notes when such payments are due, ,
(b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02,
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and and
(d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 3 contracts
Samples: Indenture (Ziff Davis Intermediate Holdings Inc), Indenture (Etesting Labs Inc), Indenture (Dresser Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely payments in respect of the principal of, premium and interest on such Notes when such payments are due from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Forcenergy Inc), Indenture (Forcenergy Inc), Indenture (Forcenergy Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a1) the rights of Holders of outstanding Securities Notes 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, or interest or premium, if any, and interest on such Securities Notes when such payments are due, due from the trust referred to in Section 8.04 hereof;
(b2) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02 hereof;
(c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith; and
(including, but not limited to, Section 7.07) and (d4) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 3 contracts
Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 9.1 of the option applicable to this Section 8.029.2, the Company shall be deemed to have been discharged from its their obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 9.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.049.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest Contingent Payments on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.032.4, 2.042.6, 2.062.7, 2.072.10, 2.09 5.2 and 4.045.4, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and (d) this Article EightIX. Subject to compliance with this Article EightIX, the Company may exercise its option under this Section 8.02 9.2 notwithstanding the prior exercise of its option under Section 8.03 9.3 with respect to the Securities.
Appears in 3 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest interest, on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Subordinated Indenture (Pegasus Communications Corp), Senior Indenture (Pegasus Communications Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option provided in Section 13.01 applicable to this Section 8.02Section, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding the Outstanding Securities of any series on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"legal defeasance"). For this purpose, such Legal Defeasance legal defeasance means that the Company shall be deemed (i) to have paid and discharged its obligations under the entire Indebtedness represented by Outstanding Securities of such series; provided, however, that the outstanding Securities, which shall thereafter Securities of such series will continue to be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 13.05 and the other Sections of this Indenture referred to in clauses (aA) and (bB) below, and (ii) to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding the Securities of such series to receive receive, solely from the trust fund described in Section 8.04, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and any premium and interest on the Securities of such Securities series when such payments are due, (bB) the Company’s 's obligations with respect to such Securities under Sections 2.033.04, 2.043.05, 2.063.06, 2.07, 2.09 10.02 and 4.0410.03, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (dD) this Article EightThirteen. Subject to compliance with this Article EightThirteen, the Company may exercise its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities13.03.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 of the option applicable to this Section 8.028.2, the Company shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and the Company shall be deemed to have satisfied all of its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.4, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.032.4, 2.042.6, 2.062.7, 2.07, 2.09 2.10 and 4.044.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations of the Company in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (HPSC Inc), Indenture (HPSC Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s Issuers' obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities.this
Appears in 2 contracts
Samples: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 of the option applicable to this Section 8.028.2, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its their obligations with respect to all outstanding Securities on the date all conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.4, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.032.3, 2.042.4, 2.062.6, 2.072.7, 2.09 2.10 and 4.044.4, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.077.7) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (Chesapeake Gas Development Corp), Indenture (Chesapeake Gas Development Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, Liquidated Damages, if any, and interest Interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Riviera Black Hawk Inc), Indenture (Windsor Woodmont Black Hawk Resort Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, ““ Legal DefeasanceDefeasance ”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such Securities this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 8.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources, Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Nexstar Finance Holdings LLC), Indenture (Nexstar Finance Holdings LLC)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 7.02, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.047.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.043.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 6.07 hereof, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight7. Subject to compliance with this Article Eight7, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 7.03 hereof with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all of its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(ai) rights of registration of transfer and exchange and the Company's right of redemption;
(ii) substitution of mutilated, defaced, destroyed, lost or stolen Notes;
(iii) rights of Holders of outstanding Securities the Notes 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, and interest on such Securities when such payments are due, the Notes;
(b) the Company’s obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04, (civ) the rights, powers, trusts, duties obligations and immunities of the Trustee hereunder and under this Indenture; and
(v) rights of the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) holders of the Notes as beneficiaries of this Article EightIndenture with respect to the property so deposited with the Trustee payable to all or any of them. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.2, notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3.
Appears in 2 contracts
Samples: Indenture (Trinity Marine Products, Inc.), Indenture (Trinity Industries Inc)
Legal Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its their obligations with respect to the Notes, the applicable Security Documents and Guarantees, and have Liens on the Collateral securing the Notes released and to have cured all outstanding Securities then existing Events of Default on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied all its their other obligations under such Securities the Notes, the applicable Security Documents and this Indenture (including those of the Guarantors) and to have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: under this Indenture:
(a) the rights of Holders of outstanding Securities 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, and interest on such Securities Notes when such payments are due, due solely out of the trust created pursuant to Section 8.05;
(b) the CompanyIssuer’s obligations with respect pursuant to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.04, 4.02;
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the CompanyNotes Collateral Agent, and the Issuer’s obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) the provisions of this Article EightSection 8.02. Subject to compliance with this Article EightVIII, the Company Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (FTAI Infrastructure LLC), Indenture (Fortress Transportation & Infrastructure Investors LLC)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option applicable to this Section 8.02, the Company and the Guarantors shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities Notes when such payments are due, or on the redemption date, as the case may be, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.062.05, 2.07, 2.09 2.08, 2.10, 2.11 and 4.044.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities Notes when such payments are due, due from the trust referred to below; (b) the Company’s 's obligations with respect to such Securities under Sections 2.03the Notes concerning issuing temporary Notes, 2.04registration of Notes, 2.06mutilated, 2.07destroyed, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) therewith; and (d) the Legal Defeasance provisions of this Article EightIndenture. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Global Crossing LTD LDC), Indenture (Global Crossing LTD)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities Notes when such payments are due, or on the redemption date, as the case may be, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.062.05, 2.07, 2.09 2.08, 2.10, 2.11 and 4.044.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Echostar DBS Corp), Indenture (Echostar DBS Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Sun Medical Technologies Inc /Ca/), Indenture (Prime Medical Services Inc /Tx/)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 9.1 of the option applicable to this Section 8.029.2, the Company shall be deemed to have been discharged from its their obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 9.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.049.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest (including Contingent Payments) on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.032.4, 2.042.6, 2.062.7, 2.072.10, 2.09 5.2 and 4.045.4, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and (d) this Article EightIX. Subject to compliance with this Article EightIX, the Company may exercise its option under this Section 8.02 9.2 notwithstanding the prior exercise of its option under Section 8.03 9.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (Jazz Casino Co LLC), Indenture (Jazz Casino Co LLC)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumpremium and Additional Amounts, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.044.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Microdyne Corp), Indenture (Eer Systems Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option provided in Section 13.01 applicable to this Section 8.02Section, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding the Outstanding Securities of any series on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance legal defeasance means that the Company shall be deemed (i) to have paid and discharged its obligations under the entire Indebtedness represented by Outstanding Securities of such series; provided, however, that the outstanding Securities, which shall thereafter Securities of such series will continue to be deemed to be “outstanding” only "Outstanding" for the purposes of Section 8.05 13.05 and the other Sections of this Indenture referred to in clauses (aA) and (bB) below, and (ii) to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding the Securities of such series to receive receive, solely from the trust fund described in Section 8.04, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and any premium and interest on the Securities of such Securities series when such payments are due, (bB) the Company’s 's obligations with respect to such Securities under Sections 2.033.04, 2.043.05, 2.063.06, 2.07, 2.09 10.02 and 4.0410.03, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (dD) this Article EightThirteen. Subject to compliance with this Article EightThirteen, the Company may exercise its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities13.03.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 1201 of the option applicable to this Section 8.021202, the Company and any Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Securities Outstanding Notes on the date all the conditions set forth below in Section 1204 are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company and any such Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesOutstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 1205 and the other Sections of this Indenture referred to in (aA) and (bB) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Securities Outstanding Notes to receive receive, solely from the trust fund described in Section 8.04, 1204 and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any, on) and interest on such Securities Notes when such payments are due, (bB) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03304, 2.04305, 2.06310, 2.07, 2.09 1002 and 4.041003, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (dD) this Article EightTwelve. Subject to compliance with this Article EightTwelve, the Company may exercise its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 1203 with respect to the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (KCLC Acquisition Corp), Indenture (Kindercare Learning Centers Inc /De)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities the Notes when such payments are due, due from the trust referred to below;
(b) the Company’s 's obligations with respect to such Securities under Sections 2.03the Notes concerning issuing temporary Notes, 2.04registration of Notes, 2.06mutilated, 2.07destroyed, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payment and money for security payments held in trust;
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and therewith;
(d) the Legal Defeasance provisions of this Article EightIndenture; and
(e) the Company's obligation to pay Additional Amounts. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (360networks Inc), Indenture (360networks Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option provided in Section 8.2 applicable to this Section 8.028.3, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities the Notes (other than those specified below or in Section 8.8), on the date all the conditions set forth below in Section 8.5 are satisfied (hereinafter, “hereinafter "Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 the sections of, and the other Sections of matters under, this Indenture referred to in clauses (aA) and (bB) below, below and to have satisfied all its other obligations under such Securities the Notes and this Indenture insofar as the Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Securities the Notes to receive receive, solely from the trust fund described in Section 8.04, 8.5(i) and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities the Notes when such payments are due, (bB) the Company’s 's obligations with respect to such Securities the Notes under Sections 2.032.3, 2.042.6, 2.06, 2.07, 2.09 2.7 and 4.042.10, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and (dD) this Article Eight8 and Article 11. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.3 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.4.
Appears in 2 contracts
Samples: Indenture (World Financial Properties L P), Indenture (World Financial Properties L P)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (ai) and (bii) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on the written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities Notes 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 interest Liquidated Damages, if any, on such Securities Notes when such payments are duedue from the trust referred to in Section 8.04 hereof, (bii) the Company’s 's obligations with respect to such Securities the Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (Printpack Inc), Indenture (Printpack Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Pegasus Communications Corp /), Indenture (Pegasus Satellite Communications Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes 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, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (Delta Woodside Industries Inc /Sc/), Indenture (Delta Mills Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuer's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “the "outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities 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, and interest on such Securities the Notes when such payments are due, ;
(b) the Company’s Issuer's obligations with respect to such Securities under Sections 2.03the Notes concerning issuing temporary Notes, 2.04registration of Notes, 2.06mutilated, 2.07destroyed, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payments;
(c) the rights, powers, truststrust, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) the Legal Defeasance provisions of this Article EightVIII. Subject to compliance with this Article EightVIII, the Company Issuer may exercise its option under this Section 8.02 8.2, notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Gci Inc), Indenture (General Communication Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 of the option applicable to this Section 8.028.2, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.4, and as more fully set forth in such SectionSection 8.4, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.032.4, 2.042.7, 2.062.10, 2.072.13, 2.09 2.14, 2.15 and 4.044.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (American Cellular Corp /De/), Indenture (Pricellular Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium, interest and Liquidated Damages, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article II and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Mmi Products Inc), Indenture (Mmi Products Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuers’ exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04(a), and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Securities Notes when such payments are due, ,
(b) the Company’s Issuers’ obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02,
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers’ obligations in connection therewith (includingtherewith, but not limited to, Section 7.07) and and
(d) this Article Eight8. Subject to compliance with this Article Eight8, the Company Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (Neff Finance Corp.), Indenture (Neff Finance Corp.)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, promptly on demand of and at the expense of the Company, shall execute proper instruments prepared by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium, interest and Liquidated Damages, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities outstanding Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Telehub Communications Corp), Indenture (Synthetic Industries Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Securities on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.02, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.07 and 4.044.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 7.07 hereof, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a1) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumpremium and Special Interest, if any, and interest on such Securities Notes when such payments are due, ;
(b2) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02 hereof;
(c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith; and
(including, but not limited to, Section 7.07) and (d4) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Crown Castle International Corp), Indenture (Crown Castle International Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 of the option applicable to this Section 8.028.03, the Company shall and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.05, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of any series on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 and the other Sections sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.05, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, ; (b) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture and the Company’s or any Guarantors’ obligations in connection therewith (including, but not limited to, Section 7.07) therewith; and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.04.
Appears in 2 contracts
Samples: Indenture (Surgalign Holdings, Inc.), Indenture (RTI Surgical Holdings, Inc.)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Securities Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such Securities this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04, 8.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) relating thereto and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.03.
Appears in 2 contracts
Samples: Indenture (Continental Resources, Inc), Indenture (Continental Resources Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 11.01 of the option applicable to this Section 8.0211.02 as to the outstanding Securities of all Series or any Series, the Company shall Company, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 11.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities as to which the option provided in Section 11.01 is exercised, on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the such outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 11.05, Section 11.09 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.0411.04, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest and Additional Interest, if any, on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Three and 4.04Section 5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article EightEleven. Subject to compliance with this Article EightEleven, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities11.03.
Appears in 2 contracts
Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 of the option provided in Section 13.01 applicable to this Section 8.02Section, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding the Outstanding Securities of any series on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed (i) to have paid and discharged its obligations under the entire Indebtedness represented by Outstanding Securities of such series; provided, however, that the outstanding Securities, which shall thereafter Securities of such series will continue to be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 13.05 and the other Sections of this Indenture referred to in clauses (aA) and (bB) below, and (ii) to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding the Securities of such series to receive receive, solely from the trust fund described in Section 8.04, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and any premium and interest on the Securities of such Securities series when such payments are due, (bB) the Company’s 's obligations with respect to such Securities under Sections 2.033.04, 2.043.05, 2.063.06, 2.07, 2.09 10.02 and 4.0410.03, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (dD) this Article EightThirteen. Subject to compliance with this Article EightThirteen, the Company may exercise its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities13.03.
Appears in 2 contracts
Samples: Indenture (Abraxas Petroleum Corp), Indenture (Abraxas Petroleum Corp)
Legal Defeasance and Discharge. Upon the Company’s Issuers’ exercise under Section 8.01 of the option applicable provided in Section 13.01 to have this Section 8.0213.02 applied to the Outstanding Securities of any Defeasible Series and, subject to the proviso to Section 13.01, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to all outstanding the Outstanding Securities of such series as provided in this Section 13.02 on and after the date all the conditions set forth below in Section 13.04 are satisfied (hereinafter, hereinafter called “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “outstanding” only for the purposes Outstanding Securities of Section 8.05 and the other Sections of this Indenture referred to in (a) and (b) below, such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding the Securities of such series to receive receive, solely from the trust fund described in Section 8.04, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and any premium and interest on such Securities of such series when such payments are due, (b2) the Company’s Issuers’ obligations with respect to the Securities of such Securities series under Sections 2.033.04, 2.043.05, 2.063.06, 2.07, 2.09 10.02 and 4.0410.03, (c3) the Issuers’ obligation to maintain an office or agency for payment and money for security payments held in trust, (4) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d5) this Article EightXIII. Subject to compliance with this Article EightXIII, the Company Issuers may exercise its their option under provided in Section 13.01 to have this Section 8.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its their option under provided in Section 8.03 with respect 13.01 to have Section 13.03 applied to the SecuritiesOutstanding Securities of such series.
Appears in 2 contracts
Samples: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, Notes (which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, premium and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.032.3, 2.042.4, 2.062.7, 2.07, 2.09 2.10 and 4.044.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Kti Inc), Indenture (Kti Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (ai) and (bii) below, and to have satisfied all of its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(ai) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such SectionSection 8.04, payments in respect of the principal ofof and premium, premiuminterest and Liquidated Damages, if any, and interest on such Securities Notes when such payments are due, ;
(bii) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04, Section 4.02 hereof;
(ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith; and
(including, but not limited to, Section 7.07) and (div) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Pca Valdosta Corp), Indenture (Southridge Plaza Holdings Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesNotes, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a1) and (b2) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: :
(a1) the rights of Holders of outstanding Securities Notes 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, or interest, Additional Amounts or premium, if any, and interest on on, such Securities Notes when such payments are due, due from the trust referred to in Section 8.04 hereof;
(b2) the Company’s obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04, Section 4.02 hereof;
(c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith therewith; and
(including, but not limited to, Section 7.07) and (d4) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Legal Defeasance and Discharge. Upon the Company’s Anvil's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, Anvil shall, subject to the Company shall satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company Anvil shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesSenior Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyAnvil, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Senior Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest and Liquidated Damages on such Securities Senior Notes when such payments are due, (b) the Company’s Anvil's obligations with respect to such Securities Senior Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Anvil's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company Anvil may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Cottontops Inc), Indenture (Anvil Holdings Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 10.01 hereof of the option applicable to this Section 8.02Section, the Company shall be deemed to have been discharged from its obligations any and all Obligations with respect to all outstanding Securities Notes (and any Guarantor will be discharged from any and all Obligations in respect of its Subsidiary Guarantee) on the date which is the 123rd day after the deposit referred to in Section 10.04(a); provided that all of the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 10.05 hereof and the other Sections of this Indenture referred to in clauses (a1) and (b2) belowof this Section, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.0410.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b2) the Company’s 's obligations with respect to such Securities Notes under Sections 2.032.01, 2.042.02, 2.05, 2.06, 2.07, 2.09 2.08, 2.10, 3.01, 3.02, 3.04 and 4.0410.05 hereof, (c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 5.07 hereof, and (4) the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) with this Article EightTen. Subject to compliance with this Article EightTen, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 10.03 hereof with respect to the SecuritiesNotes.
Appears in 2 contracts
Samples: Indenture (Williams Communications Group Inc), Indenture (Williams Communications Group Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 9.01 hereof of the option applicable to this Section 8.029.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 9.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Subordinated Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesSenior Subordinated Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 9.05 and the other Sections of this Indenture referred to in (ai) and through (biv) below, and to have satisfied all its other obligations under such Securities Senior Subordinated Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders holders of such outstanding Securities Senior Subordinated Notes to receive receive, solely from the trust fund described in Section 8.04, and as more fully set forth in such Section9.05, payments in respect of the principal of, premium, if any, and interest on such Securities Senior Subordinated Notes when such payments are due, (bii) the Company’s 's obligations with respect to such Securities the Senior Subordinated Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02 hereof, (ciii) the rights, powers, truststrust, duties and immunities of the Trustee hereunder Trustee, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article EightNine. Subject to compliance with this Article EightNine, the Company may exercise its option under this Section 8.02 9.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities9.03 hereof.
Appears in 2 contracts
Samples: Indenture (Trism Inc /De/), Indenture (Trism Inc /De/)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Pillowtex Corp), Indenture (Key Energy Group Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest and Additional Interest, if any, on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Dominos Pizza Government Services Division Inc), Indenture (Dominos Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumpremium and Additional Interest, if any, and interest on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 2.10 and 4.044.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (L 3 Communications Holdings Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Notes on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesSenior Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 and the other Sections of this Indenture referred to in (ai) and through (biv) below, and to have satisfied all its other obligations under such Securities Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of such outstanding Securities Senior Notes to receive receive, solely from the trust fund described in Section 8.04, and as more fully set forth in such Section8.05, payments in respect of the principal of, premium, if any, and interest on such Securities Senior Notes when such payments are due, (bii) the Company’s 's obligations with respect to such Securities the Senior Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article Two and 4.04Section 4.02 hereof, (ciii) the rights, powers, truststrust, duties and immunities of the Trustee hereunder Trustee, and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (div) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (Delta Financial Corp), Indenture (Delta Financial Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of any Series on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding SecuritiesSecurities of such Series, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Securities of such Series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest interest, if any, on such Securities when such payments are due, (b) the Company’s 's obligations with respect to such Securities under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04Article 2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Senior Indenture (SFX Broadcasting Inc), Subordinated Indenture (SFX Broadcasting Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be the “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (bd) below, and to have satisfied all its their other obligations under such Securities Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities 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, and interest on such Securities the Notes when such payments are due, ;
(b) the Company’s obligations with respect to such Securities under Sections 2.03the Notes concerning issuing temporary Notes, 2.04registration of Notes, 2.06mutilated, 2.07destroyed, 2.09 lost or stolen Notes and 4.04, the maintenance of an office or agency for payments;
(c) the rights, powers, truststrust, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) the Legal Defeasance provisions of this Article EightVIII. Subject to compliance with this Article EightVIII, the Company may exercise its option under this Section 8.02 8.2, notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Dole Food Co Inc), Indenture (Dole Food Co Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of that Series on the date all the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Securities of that Series to receive solely from the trust fund described in Section 8.048.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest on such Securities when such payments are due, ;
(b) the Company’s 's obligations with respect to such Securities of that Series under Sections 2.03, 2.04, 2.06, 2.07, 2.09 and 4.04, Article Two;
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and therewith; and
(d) this Article Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to the Securitieshereof.
Appears in 2 contracts
Samples: Indenture (CFM v R Tesco Inc), Indenture (Lucent Technologies Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes on the date all the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding SecuritiesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its other obligations under such Securities the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes to receive solely from the trust fund described in Section 8.048.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and or interest or premium on such Securities Notes when such payments are due, (b) the Company’s 's obligations with respect to such Securities Notes under Sections 2.03, 2.04, 2.06, 2.07, 2.09 Article 2 and 4.04Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article Eight8. Subject to compliance with this Article Eight8, the Company may exercise its option under to apply this Section 8.02 8.2 notwithstanding the prior exercise of its option under to apply Section 8.03 with respect to the Securities8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Komag Inc /De/), Indenture (Komag Inc /De/)