Common use of Legal Defeasance and Discharge Clause in Contracts

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 13.01 of the option applicable to this Section 13.02, each of the Issuer and the Guarantors shall be deemed to have been discharged from its respective obligations with respect to all Outstanding Notes and the Guarantees on the date the conditions set forth in Section 13.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 13.05 and the other Sections of this Indenture referred to in (1) and (2) below, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes to receive payments in respect of the principal of (and premium, if any, on) and interest on the Notes when such payments are due, solely out of the trust created pursuant to this Indenture, (2) the Issuer’s obligations with respect to the Notes under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors and the Issuer in connection therewith and (4) this Article Thirteen. Subject to compliance with this Article Thirteen, the Issuer may exercise its option under this Section 13.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Guarantees) on the date the conditions set forth in Section 13.04 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, on) and or interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective obligations their Obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumAdditional Amounts, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations Obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, the Security Agent, the Intercreditor Agent, the Paying Agent, the Registrar and the obligations of each of the Guarantors Transfer Agent hereunder and the Issuer Company’s and the Guarantors’ Obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 8.03 hereof. (b) Upon Legal Defeasance or Covenant Defeasance in accordance with respect this Article 8, the Trustee will advise the Collateral Agent that the Notes cease to constitute First Lien Debt under the NotesCollateral Agency and Intercreditor Agreement. (c) The Liens securing the Notes will be released as provided under Section 10.03 hereof upon Legal Defeasance or Covenant Defeasance in accordance with this Article 8.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.05 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumAdditional Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (24) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, on) and interest or interest, if any, on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, interest or Special Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, each the Company shall, subject to the satisfaction of the Issuer conditions set forth in Section 8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and all obligations of the Guarantors shall be deemed to have been discharged from its respective obligations with respect to all Outstanding Notes and their obligations under the Guarantees Note Guarantees, on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding outstanding Notes, which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.08 and the other Sections of this Indenture referred to in (1a) and (2b) below, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following clauses, which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section 8.04, payments in respect of the principal of (and of, premium, if any, on) and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, (2b) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04Article 2, 3.05, 3.06, 10.02 Section 4.02 and 10.03Section 8.08, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company’s and Guarantors’ obligations of each of the Guarantors and the Issuer in connection therewith and (4d) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Issuer and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2b) the Issuer’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuer’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4d) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 9.01 of the option applicable to this Section 13.029.02, each of the Issuer Company and the Guarantors shall shall, subject to the satisfaction of the conditions set forth in Section 9.04, be deemed to have been discharged from its their respective obligations under the Indenture Documents with respect to all Outstanding outstanding Notes on and the Guarantees on after the date all the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall Company will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding outstanding Notes, which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 9.05 and the other Sections of this Indenture referred to in subsections (1a) and (2b) of this Section 9.02 below, and the Guarantees Company and the Guarantors to have satisfied all its their other obligations under the Notes, Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default the Indenture Documents (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 9.04, and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any, on) and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, ; (2b) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, Article 2; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and therewith; and (4d) this Article Thirteen9. Subject to compliance with this Article Thirteen9, the Issuer Company may exercise its option under this Section 13.02 9.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes9.03.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, each of the Issuer Issuers and each of the Guarantors shall will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, and the obligations of each of the Guarantors Issuers’ and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Issuers may exercise its their joint option under this Section 13.02 8.02 notwithstanding the prior exercise of its their option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on written request of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, on) and interest or Special Interest, if any, on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and therewith; and (4) this Article Thirteen8, as it relates to Legal Defeasance. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Supplemental Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Supplemental Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes (including the Guarantees) and the Guarantees this Indenture on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and the Guarantees and to have satisfied all its of their other obligations under the such Notes, Guarantees and the Guarantees, this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, if anyor interest or premium on, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2b) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, Article 2; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, Paying Agent and Registrar hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4d) this Article ThirteenSection 8.02. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the Issuer’s exercise by the Company under Section 13.01 12.01 of the option applicable to this Section 13.0212.02, each of the Issuer and the Guarantors Company shall be deemed to have been discharged from its respective obligations any and all Obligations with respect to all Outstanding Notes (and the Guarantees any Subsidiary 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 12.04(a); provided that all of the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 12.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) belowof this Section 12.02, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Outstanding Notes to receive solely from the trust fund described in Section 12.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any, on) and interest and Liquidated Damages on the such Notes when such payments are due, solely out (ii) the obligations of the trust created pursuant to this Indenture, (2) the Issuer’s obligations Company with respect to the such Notes under Sections 1.06, 2.03, 3.03, 3.04, 3.05, 3.06, 10.02 3.13, 3.14, 4.01, 4.02, 4.03 and 10.0312.05 hereof, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee's rights under Section 7.08 hereof, and the obligations of each of the Guarantors and the Issuer Company in connection therewith and (4) with this Article Thirteen12. Subject to compliance with this Article Thirteen12, the Issuer Company may exercise its option under this Section 13.02 12.02 notwithstanding the prior exercise of its option under Section 13.03 12.03 hereof with respect to the Notes.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, or interest or premium or Special Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Issuers and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, or interest or premium or Special Interest, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the Issuer’s Issuers' obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuers' and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Issuers may exercise its their option under this Section 13.02 8.02 notwithstanding the prior exercise of its their option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Subsidiary Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture hereof referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, if anyor interest or premium on, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder, and the obligations of each of the Guarantors Company’s and the Issuer Subsidiary Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes (including the Guarantees) and cured all then existing Events of Default with respect to the Guarantees Notes on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and therewith; and (4) this Article ThirteenSection 8.02. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02, notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.1 hereof of the option applicable to this Section 13.028.2, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its of their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumSpecial Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article II and 10.03, Section 3.13 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under this Section 13.02 8.2 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.3 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, if anyor interest or premium on, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture hereof referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, on) and , or interest on the or Special Interest, if any, on, such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, each the Company shall, subject to the satisfaction of the Issuer and the Guarantors shall conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective obligations with respect to all Outstanding outstanding Notes and the Guarantees to have each Guarantor's obligation discharged with respect to its Subsidiary Guarantee on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding outstanding Notes, which shall thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in (1a) and (2b) below, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of (and premium, interest and Liquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, (2b) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03Section 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations of each of the Guarantors and the Issuer in connection therewith and (4d) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Issuer and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuer’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this 0 Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, if anyor interest or premium on, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture hereof referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, on) and interest on the , or interest, if any, on, such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, or interest (and including Special Interest, if any) or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, Issuer and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and through (24) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumAdditional Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and Issuer’s and the Guarantors’ obligations of each of the Guarantors and the Issuer in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's ------------------------------ exercise under Section 13.01 of the its option applicable to have this Section 13.028.02 applied to the outstanding Notes (in whole and not in part), each of the Issuer and the Guarantors Company shall be deemed to have been discharged from its respective obligations with respect to all Outstanding such Notes as provided in this Section 8.02 on and the Guarantees on after the date the conditions set forth in Section 13.04 8.04 hereof are satisfied (hereinafter, “Legal hereinafter called "Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 13.05 and the other Sections of this Indenture referred to in (1) and (2) below, and the Guarantees such Notes and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of such Notes to receive receive, solely from the trust fund described in Section 8.04 hereof and as more fully set forth in such Section 8.04, payments in respect of the principal of (and premium, if any, on) any premium and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, , (2b) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.042.09, 3.052.10, 3.062.12, 10.02 4.02 and 10.03, 4.03 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunderunder this Indenture, (d) Article III hereof, and the obligations of each of the Guarantors and the Issuer in connection therewith and and (4e) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under to have this Section 13.02 8.02 applied to the outstanding Notes (in whole and not in part) notwithstanding the prior exercise of its option under to have Section 13.03 with respect 8.03 hereof applied to the such Notes.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to this Indenture, all Outstanding outstanding Notes and the Note Guarantees on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and through (24) below, and the Guarantees and to have satisfied all its of their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, on) and , or interest on the Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the IssuerCompany’s obligations with respect to the Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen. 8. (b) Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumSpecial Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the samesame in form and substance reasonably satisfactory to the Trustee), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article II and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Issuers and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.05 hereof; (2) the Issuer’s Issuers’ obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuers’ and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Issuers may exercise its their option under this Section 13.02 8.02 notwithstanding the prior exercise of its such option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Issuers and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuers’ and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Issuers may exercise its their option under this Section 13.02 8.02 notwithstanding the prior exercise of its their option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments provided by the Company acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 and Section 7.07 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, each of the Issuer Company and the Guarantors shall shall, subject to the satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to this Indenture, all Outstanding outstanding Notes and the Note Guarantees on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 13.05 and the other Sections of this Indenture referred to in (1) and (2) below, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of such Notes to receive payments in respect of the principal of (and any premium, if any, on) and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, Indenture referred to in Section 8.04; (2) the IssuerCompany’s obligations with respect to such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the Notes under Sections 3.04, 3.05, 3.06, 10.02 maintenance of an office or agency for payment and 10.03, money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and therewith; and (4) this Article Thirteen. Section 8.02. (b) Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumSpecial Interest, if any, on) and interest on the Notes when such these payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, if anyor interest or premium on, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Parent and the Company may exercise its their option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, each Issuer and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or premium, if any, or interest and Liquidated Damages, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Sections 3.04Section 2.04, 3.05Section 2.06, 3.06Section 2.07, 10.02 Section 2.10 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuers’ and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) the Legal Defeasance provisions of this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, or interest, premium or Special Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.05 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8 (excluding the provisions of this Article 8 with respect to Covenant Defeasance). Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s obligations Company's Obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article II (other than Section 2.12) and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' Obligations in connection therewith and therewith; and (4) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuer’s Company's exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02 and subject to the satisfaction of the conditions set forth in Section 8.04, the Subsidiary Guarantees shall be released and the Company and each of the Issuer and the Guarantors shall be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen. 8. (b) Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, each the Company shall, subject to the satisfaction of the Issuer and the Guarantors shall conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective obligations with respect to all Outstanding outstanding Notes and all obligations of the Guarantors with respect to their Subsidiary Guarantees on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes and Subsidiary Guarantees, which shall thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in (1a) and (2b) below, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, on) or interest and interest Liquidated Damages, if any, on the such Notes when such payments are due, due solely out of from the trust created pursuant to this Indenturefund described in Section 8.04 hereof, (2b) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.042.06, 3.052.07, 3.06, 10.02 2.10 and 10.034.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations of each of the Guarantors and the Issuer in connection therewith and (4d) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Subsidiary Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Subsidiary Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the samesame in form and substance reasonably satisfactory to the Trustee), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article II and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 22.1 hereof of the option applicable to this Section 13.0222.2, the Company and each of the Issuer and Subsidiary Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 22.4 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guaranties) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guaranties), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 22.5 hereof and the other Sections of this Indenture Agreement referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, Guarantees the Subsidiary Guaranties and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default Agreement (and the Trusteeholders, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, or interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 22.4 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, Section 8.1 hereof; and (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors and the Issuer in connection therewith and (4) this Article ThirteenSection 22. Subject to compliance with this Article ThirteenSection 22, the Issuer Company may exercise its option under this Section 13.02 22.2 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes22.3 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes (including the note guarantees) and the Guarantees this Indenture on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the note guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, Guarantees the note guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of principal, interest or premium (and premiumincluding special interest, if any), if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and premiumof, premium on, if any, interest or Special Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes (including the Note Guarantees) on and the Guarantees on after the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumSpecial Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) Sections 8.01, 8.02, 8.04, 8.05, 8.06 and 8.07 of this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 8.03 hereof. If the Company exercises its Legal Defeasance option, each Guarantor will be released from all of its obligations with respect to the Notesits Note Guarantee.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumAdditional Interest, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes.8.03 hereof. -95-

Legal Defeasance and Discharge. Upon the Issuer’s exercise by the Company under Section 13.01 12.01 of the option applicable to this Section 13.0212.02, each of the Issuer and the Guarantors Company shall be deemed to have been discharged from its respective obligations any and all Obligations with respect to all Outstanding Notes (and the Guarantees any Guarantor will be discharged from any and all Obligations in respect of its Note Guaranty) on the date which is the 123rd day after the deposit referred to in Section 12.04(a); provided that all of the conditions set forth in Section 13.04 12.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 12.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) belowof this Section 12.02, and the Guarantees and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Outstanding Notes to receive solely from the trust fund described in Section 12.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any, on) and interest on the such Notes when such payments are due, solely out (ii) the obligations of the trust created pursuant to this Indenture, (2) the Issuer’s obligations Company with respect to the such Notes under Sections 1.06, 3.03, 3.04, 3.05, 3.06, 10.02 3.13, 4.01, 4.02, 4.03 and 10.0312.05 hereof, and (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee’s rights under Section 7.08 hereof, and the obligations of each of the Guarantors and the Issuer Company in connection therewith and (4) with this Article Thirteen12. Subject to compliance with this Article Thirteen12, the Issuer Company may exercise its option under this Section 13.02 12.02 notwithstanding the prior exercise of its option under Section 13.03 12.03 hereof with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumAdditional Interest, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors' obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Issuer and each of the Issuer and Guarantors shall, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 8.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2) the Issuer’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuer’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article ThirteenSection 8.02, the Issuer may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its their option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Subsidiary Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “Outstanding” "outstanding" only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Subsidiary Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Company's and the Issuer Guarantors'obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and (including the Guarantees Note Guarantees) on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, or interest or premium, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.05 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article 2 and Sections 3.044.01, 3.05, 3.06, 10.02 4.02 and 10.03, 4.18 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 13.01 8.01 of the option applicable to this Section 13.028.02, the Company and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes (including the Guarantees) and the Guarantees this Indenture on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Notesoutstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and the Guarantees and to have satisfied all its of their other obligations under the such Notes, Guarantees and the Guarantees, this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (and of, premium, if any, or interest on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04; (2b) the IssuerCompany’s obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, Article 2; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, Paying Agent and Registrar hereunder and the obligations of each of the Guarantors Company’s and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4d) this Article ThirteenSection 8.02. Subject to compliance with this Article Thirteen8, the Issuer Company may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 13.01 8.01 hereof of the option applicable to this Section 13.028.02, the Issuers and each of the Issuer and Guarantors will, subject to the Guarantors shall satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its respective their obligations with respect to all Outstanding outstanding Notes and the Guarantees on the date the conditions set forth in Section 13.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Notesoutstanding Notes and the Guarantees, which shall will thereafter be deemed to be “Outstandingoutstanding” only for the purposes of Section 13.05 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all its their other obligations under the such Notes, the Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of (of, or interest or premium and premiumLiquidated Damages, if any, on) and interest on the , such Notes when such payments are due, solely out of due from the trust created pursuant referred to this Indenture, in Section 8.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to the such Notes under Sections 3.04, 3.05, 3.06, 10.02 Article 2 and 10.03, Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the obligations of each of the Guarantors Issuers’ and the Issuer Guarantors’ obligations in connection therewith and therewith; and (4) this Article Thirteen8. Subject to compliance with this Article Thirteen8, the Issuer Issuers may exercise its option under this Section 13.02 8.02 notwithstanding the prior exercise of its option under Section 13.03 with respect to the Notes8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 13.01 of the its option applicable to have this Section 13.028.02 applied to the outstanding Notes (in whole and not in part), each of the Issuer and the Guarantors Company shall be deemed to have been discharged from its respective obligations with respect to all Outstanding such Notes as provided in this Section 8.02 on and the Guarantees on after the date the conditions set forth in Section 13.04 8.04 hereof are satisfied (hereinafter, “Legal hereinafter called "Defeasance”"). For this purpose, such Legal Defeasance means that each of the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Notes, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 13.05 and the other Sections of this Indenture referred to in (1) and (2) below, and the Guarantees such Notes and to have satisfied all its other obligations under the Notes, Guarantees such Notes and this Indenture insofar as such Notes are concerned and have cured all then existing Events of Default (and the Trustee, at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of such Notes to receive receive, solely from the trust fund described in Section 8.04 hereof and as more fully set forth in such Section 8.04, payments in respect of the principal of (and premium, if any, on) any premium and interest on the such Notes when such payments are due, solely out of the trust created pursuant to this Indenture, , (2b) the Issuer’s Company's obligations with respect to the such Notes under Sections 3.042.09, 3.052.10, 3.062.12, 10.02 4.02 and 10.03, 4.03 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunderunder this Indenture, (d) Article III hereof, and the obligations of each of the Guarantors and the Issuer in connection therewith and and (4e) this Article ThirteenVIII. Subject to compliance with this Article ThirteenVIII, the Issuer Company may exercise its option under to have this Section 13.02 8.02 applied to the outstanding Notes (in whole and not in part) notwithstanding the prior exercise of its option under to have Section 13.03 with respect 8.03 hereof applied to the such Notes.