Common use of Legal Defeasance and Discharge Clause in Contracts

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees Notes and this Indenture including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof; (2B) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4D) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuer exercises its legal defeasance option, the First Liens, as they pertain to the Notes and the Guarantees, will be released and each Guarantor will be released from all its obligations under its Guarantee of the Notes.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Issuer’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ obligations of the Issuer and the Guarantors’ obligations Guarantors in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof8.04; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest (including Additional Amounts, such if any) on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers may exercise their option under this Section 8.02 8.2 notwithstanding the prior exercise of its their option under Section 8.03 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest (including Additional Amounts) or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 11.01 hereof of the option applicable to this Section 8.0211.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 11.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 11.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 11.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8XI. Subject to compliance with this Article 8XI, the Issuers may exercise their option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 11.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium premium, if any, on, and Liquidated Damagesinterest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notesunder Sections 2.03, registration of Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10, and the maintenance of an office or agency for payment 2.11 and money for security payments held in trustSection 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations Obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or premium on, if any, and interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations Company’s Obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewiththerewith (including, without limitation, those contained in Article 7 hereof); and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers each Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or premium, if any, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notesunder Section 2.04, registration of NotesSection 2.06, mutilatedSection 2.07, destroyed, lost or stolen Notes Section 2.10 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) the Legal Defeasance provisions of this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.02SECTION 8.2, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in SECTION 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 SECTION 8.5 hereof and the other Sections SECTIONS of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuersCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 SECTION 8.4 hereof; (2) the Issuers’ Company’s obligations with respect to the Notes under ARTICLE II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and SECTION 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Company’s or Guarantors’ obligations in connection therewith; and (4) this Article 8ARTICLE VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8SECTION 8.2, the Issuers Company may exercise their its option under this Section 8.02 SECTION 8.2 notwithstanding the prior exercise of its option under Section 8.03 SECTION 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which 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, premium on, if any, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof8.04; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof 15.01 of the option applicable to this Section 8.0215.02 with respect to a series of Debt Securities, the Issuers and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof15.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes Outstanding Debt Securities of such series (including the Note Guaranteesand all obligations of any Guarantors with respect to any Guarantees shall be discharged) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Outstanding Debt Securities of such series, which will shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, 15.05 and to have satisfied all their its other obligations under such Notes, the Note Guarantees Outstanding Debt Securities of such series and this Indenture any supplemental indenture relating thereto (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes Outstanding Debt Securities to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, and interest on such Notes Debt Securities when such payments are due from the trust referred to in Section 8.04 hereof; 15.04, (2b) the Issuers’ Company’s obligations with respect to the Notes Debt Securities concerning issuing temporary NotesDebt Securities, registration of NotesDebt Securities, mutilated, destroyed, lost or stolen Notes Debt Securities and the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Company’s obligations in connection therewith; and therewith and (4d) the provisions of this Article 815 with respect to Legal Defeasance. Subject to compliance with this Article 815, the Issuers Company may exercise their its option under this Section 8.02 15.02 notwithstanding the prior exercise of its option under Section 8.03 hereof15.03.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or and interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 8.05 hereof; (2) the Issuers’ obligations Obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). If the Company exercises the Legal Defeasance option, the Liens on the Collateral will be released and the Note Guarantees in effect at such time will be automatically released. For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture Notes Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8VIII, the Issuers Issuer may exercise their its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.028.02 (“Legal Defeasance and Discharge”), the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, “Legal Defeasance Defeasance” means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such Notes (including in connection with any redemption or purchase of Notes pursuant to Article 3) when such payments are due from the trust referred to in Section 8.04 8.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof; (2) the Issuers’ Company’s obligations with respect to the Notes under Article 2 and Section 4.02 (“Maintenance of Office or Agency”) hereof concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8Section and Section 8.02 (“Legal Defeasance and Discharge”) of this Indenture. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 (“Legal Defeasance and Discharge”) notwithstanding the prior exercise of its option under Section 8.03 (“Covenant Defeasance”) hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Company's obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ obligations of the Company and the Guarantors’ obligations Guarantors in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Company’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due due, or on the redemption date, as the case may be from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance Maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02 hereof; (3c) the rights, powers, trusts, duties immunities and immunities indemnities of the Trustee hereunder and the Issuers’ and the Guarantors’ Company’s obligations in connection therewith; and (4d) this Article 88 with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of a series (including the related Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes of such series (including the related Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the related Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of such series to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes of such series concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the related Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the related Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such the Notes, the related Note Guarantees and this Indenture (and the Trustee, on the demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which 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, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such the Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof8.04; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) the Legal Defeasance provisions of this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the such Notes under Article 2 concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, premium on, if any, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or and interest, premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 8.05 hereof; (2) the Issuers’ obligations Obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest and Additional Interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 hereof8.4; (2) the Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the or Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject VIII with respect to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofprovisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations Obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal ofprincipal, or interest or premium interest, premium, Additional Amounts and Liquidated DamagesAdditional Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; (4) Section 4.22 hereof; and (45) the Legal Defeasance provisions of this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the 61 conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Company’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ obligations of the Company and the Guarantors’ obligations Guarantors in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest and Special Interest, if any, or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture Documents (and the Trustee, on written demand of and at the expense of the IssuersCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Collateral Agent and the Issuers’ and the or Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject VIII with respect to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofprovisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing issue temporary Notes, registration of Notes, to replace mutilated, destroyed, lost or stolen Notes under Article Two and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) the provisions of this Article 8Eight applicable to Legal Defeasance. Subject to compliance with this Article 8Eight, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, 70 Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Issuer’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ obligations of the Issuer and the Guarantors’ obligations Guarantors in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Company’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ obligations of the Company and the Guarantors’ obligations Guarantors in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2b) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Company’s and the Guarantors’ Guarantor’s obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise existence of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated DamagesAdditional Interest, if any, onor premium, if any, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing issue temporary Notes, registration of Notes, to replace mutilated, destroyed, lost or stolen Notes under Article Two and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) the provisions of this Article 8Eight applicable to Legal Defeasance. Subject to compliance with this Article 8Eight, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, “Legal Defeasance Defeasance” means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such Notes (including in connection with any redemption or purchase of Notes pursuant to Article 3) when such payments are due from the trust referred to in Section 8.04 8.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof; (2) the Issuers’ Company’s obligations with respect to the Notes under Article 2 and Section 4.02 (“Maintenance of Office or Agency”) hereof concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8Section and Section 8.02 (“Legal Defeasance and Discharge”) of this Indenture. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 (“Legal Defeasance and Discharge”) notwithstanding the prior exercise of its option under Section 8.03 (“Covenant Defeasance”) hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunderunder this Indenture: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof;hereof; (2) the Issuers’ Issuer’s obligations with respect to the such Notes under Article 2 concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust;Section 4.02 hereof; (3) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee hereunder under this Indenture and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors Issuer will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors Issuer will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their of its other obligations under such Notes, the Note Guarantees Notes and this Indenture (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the Notes under Article 2 concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.06 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4d) this Article 88 with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.02, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof 13.01 of the option applicable to this Section 8.0213.02, the Issuers and each of the Issuer and the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their its respective obligations with respect to all outstanding Outstanding Notes (including and the Note Guarantees) Guarantees on the date the conditions set forth below in Section 13.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuers Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Outstanding Notes, which will shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof 13.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Guarantees and to have satisfied all their its other obligations under such the Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned and have cured all then existing Defaults and Events of Default (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will 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, or interest or premium of (and Liquidated Damagespremium, if any, on, such ) and interest on the Notes when such payments are due from due, solely out of the trust referred created pursuant to in Section 8.04 hereof; this Indenture, (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notesunder Sections 3.04, registration of Notes3.05, mutilated3.06, destroyed10.02 and 10.03, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder hereunder, and the Issuers’ obligations of each of the Guarantors and the Guarantors’ obligations Issuer in connection therewith; and therewith and (4) this Article 8Thirteen. Subject to compliance with this Article 8Thirteen, the Issuers Issuer may exercise their its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 hereof13.03 with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 7.04 hereof, be deemed to have been discharged from their obligations with respect to the Indenture and all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Supplemental Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this the Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, or interest on, such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder under the Indenture, and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 87. Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 87, the Issuers Company may exercise their its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 7.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and cure all then existing Events of Default on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Security Documents and to have cured all then outstanding Events of Default (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper such instruments reasonably requested by the Issuers or such Guarantors acknowledging the same), except for the following provisions which 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 premium or interest or premium and Liquidated Damagesinterest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notesunder Sections 2.06, registration of Notes2.07, mutilated, destroyed, lost or stolen Notes 2.10 and the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee and Collateral Trustee hereunder and the Issuers’ Partnership’s and the Guarantors’ obligations in connection therewith; and; (4) this Article 8; and (5) Section 3.07 hereof, to the extent that such Legal Defeasance is to be effected together with a redemption. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its the option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Operating Partnership’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Issuers, the REIT and the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and this Indenture on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Issuers, the REIT and the Guarantors will be deemed to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersOperating Partnership, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, and interest on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the such Notes under Article 2 hereof concerning issuing temporary Notes, Notes and the registration of Notes, mutilated, destroyed, lost or stolen Notes and Section 4.02 hereof, and the maintenance obligations of an office or agency for payment the REIT and money for security payments held in trustthe Issuers to provide the information required by Rule 144A(d)(4) under the Securities Act pursuant to Section 4.03 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Subsidiary Guarantors’ obligations in connection therewith; and (4) the provisions of this Article 88 (other than Section 8.03). Subject to compliance with this Article 8, the Issuers Operating Partnership may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesSubsidiary Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesSubsidiary Guarantee), which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated DamagesSpecial Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company's obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company's and the Guarantors’ applicable Guarantor's obligations in connection therewith; and (4) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated DamagesSpecial Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company’s obligations with respect to the such Notes under Article 2 concerning issuing temporary Notesnotes, registration of Notesnotes, mutilated, destroyed, lost or stolen Notes notes, Section 4.02 and the maintenance of an office or agency for payment and money for security payments held in trustSection 8.05 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damages, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trusttrust provided under Article 2 and Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) under the provisions of this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers Issuer may exercise their its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees Notes and this Indenture including that of the Guarantors (and the Trustee, on written demand of and at the expense of the Issuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same), except for the following provisions which will 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, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors Guarantor will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesSubsidiary Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors Guarantor will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesSubsidiary Guarantee), which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated DamagesSpecial Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company's obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company's and the Guarantors’ Guarantor's obligations in connection therewith; and (4) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations Obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated DamagesSpecial Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the such Notes under Article 2 concerning issuing temporary Notesnotes, registration of Notesnotes, mutilated, destroyed, lost or stolen Notes notes and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of this Indenture of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereofof this Indenture, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Note Guarantees Notes and this Indenture Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal ofprincipal, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from due, solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereofof this Indenture; (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary the Temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Section 8.02. (b) Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofof this Indenture.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees), and the Security Documents, and the Liens, if any, on the Collateral securing the Notes will be automatically released (subject to the Security Documents) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture Documents (and the Trustee, on written demand of and at the expense of the IssuersCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Company’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Notes Collateral Agent and the Company’s or Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject VIII with respect to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofprovisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 7.04 hereof, be deemed to have been discharged from their obligations with respect to the Indenture and all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Supplemental Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this the Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, or interest on, such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder under the Indenture, and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4) this Article 87. Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 87, the Issuers Company may exercise their its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 7.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; hereof; (2) the Issuers’ obligations with respect to the such Notes under Article 2 concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ ' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Subsidiary Guarantees) ), the Security Documents and this Indenture on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Subsidiary Guarantees)) and this Indenture, which will Notes shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ ' obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ ' and the Guarantors’ ' obligations in connection therewith; and (4) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Parent Guarantor and each of the Guarantors willIssuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees Notes and this Indenture and the Security Documents, including the obligations of the Parent Guarantor (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages(including Applicable Premium), if any, on, such and interest on the Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof8.04; (2b) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4d) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 9.01 hereof of the option applicable to this Section 8.029.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 9.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 9.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except to the extent such obligations are imposed by TIA § 318(c) and except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 9.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 89. Subject to compliance with this Article 89, the Issuers may exercise their option under this Section 8.02 9.02 notwithstanding the prior exercise of its option under Section 8.03 9.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damageson, if any, on, or interest on such Notes when such payments are due from the trust referred to in Section 8.04 hereof;hereof; (2) the Issuers’ obligations with respect to the such Notes under Article 2 concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust;Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company's obligations with respect to the such Notes under Article 2 concerning issuing temporary Notesnotes, registration of Notesnotes, mutilated, destroyed, lost or stolen Notes notes, Section 4.02 and the maintenance of an office or agency for payment and money for security payments held in trustSection 8.05 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company's and the Guarantors’ ' obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below in this Section 8.02 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) belowof this Section 8.02, to have cured all then existing Defaults and Events of Default and to have satisfied all their other obligations under such Notes, the Note Guarantees Notes and this Indenture including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof8.04; (2b) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Company’s obligations in connection therewith; and (4d) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors Guarantor will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesGuarantee) and the Security Documents with respect to such Series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors Guarantor will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesGuarantee), which will thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all of their other obligations under such Notes, the Secured Note Guarantees and this Indenture Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same)) and the Security Documents, and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.4 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ Issuer’s or Guarantor’s obligations in connection therewith; and (4d) this Article 8. Subject VIII with respect to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofprovisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuersHoldings’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will 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, or interest or premium and Liquidated Damageson, if any, onand interest, if any, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notesnotes, registration of Notesnotes, mutilated, destroyed, lost or stolen Notes notes and the maintenance of an office or agency for payment and money for security payments held in trustpayment; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Holdings may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections provisions of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, or interest on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise by the Issuers and the Guarantors under Section 8.01 hereof 9.01 of the option applicable to this Section 8.029.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their respective obligations with respect to all outstanding Notes (including the Note Guarantees) Securities on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that each of the Guarantors shall be deemed to be released from its respective Guaranty and each of the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Securities, which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof 9.05 and the other Sections of this Indenture referred to in clauses (1a) and (2b) belowbelow of this paragraph, and to have satisfied all of their other respective obligations under such Notes, the Note Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes Securities to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest (including Additional Interest, if any) on such Notes Securities when such payments are due from due, or on the trust referred to in Section 8.04 hereof; redemption date, as the case may be, (2b) the Issuers’ ' obligations with respect to the Notes concerning issuing temporary Notessuch Securities under Sections 2.05, registration of Notes2.07, mutilated2.08, destroyed2.10, lost or stolen Notes 2.11 and the maintenance of an office or agency for payment and money for security payments held in trust; 4.02, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ ' obligations in connection therewith; and therewith and (4d) this Article 8Nine. Subject to compliance with this Article 8Nine, the Issuers and the Guarantors may exercise their the option under this Section 8.02 9.02 notwithstanding the prior exercise of its the option under Section 8.03 hereof9.03 with respect to the Securities.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors Parent Guarantor will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesParent Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors Parent Guarantor will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesParent Guarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Parent Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such the Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2b) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ Issuer’s and the Guarantors’ Parent Guarantor’s obligations in connection therewith; and (4d) the Legal Defeasance and Covenant Defeasance provisions of this Article 8Indenture. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewiththerewith including, without limitation, those in Section 7.06 hereof; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium of and Liquidated Damagespremium, if any, oninterest and Additional Interest, such if any, on the Notes when such payments are due from solely out of the trust referred created pursuant to in Section 8.04 hereofthis Indenture; (2) the Issuers’ Company’s obligations with respect to the Notes issued under this Indenture concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Collateral Trustee and the Company’s or Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to under this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including of the Note Guarantees) applicable series and Guarantees thereof on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including of the Note Guarantees)applicable series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections hereof, to have cured all then existing Events of this Indenture referred to in clauses (1) and (2) below, Default with respect thereto and to have satisfied all their its other obligations under such Notes, the Note Guarantees series of Notes and this Indenture including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, and interest on such Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof; (2B) the Issuers’ Issuer’s obligations with respect to Notes of the Notes applicable series concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4D) this Article 8Section 8.02. Subject to compliance with this Article 8VIII, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on and any Additional Amounts in respect of the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers Issuer may exercise their its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the related Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the related Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such the Notes, the related Note Guarantees and this Indenture (and the Trustee, on the demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which 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, or interest or premium and Liquidated Damagespremium, if any, on, such the Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) and Guarantees and all then existing Events of Default cured on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Notes and this Indenture (including that of the Guarantors) (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuers’ exercise under pursuant to Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture herein referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will 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 interest, premium or interest or premium and Liquidated DamagesAdditional Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. . (b) Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under pursuant to Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof 13.01 of the option applicable to this Section 8.0213.02, the Issuers and each of the Issuer and the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their its respective obligations with respect to all outstanding Notes (including Outstanding Notes, the applicable Security Documents and the Note Guarantees) Guarantees and have Liens on the Collateral securing the Notes released on the date the conditions set forth below in Section 13.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Issuers Issuer and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Outstanding Notes, which will shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof 13.05 and the other Sections of this Indenture referred to in clauses (1) and (2) below, and the Note Guarantees and to have satisfied all their its other obligations under such Notes, the Note Guarantees and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will 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, or interest or premium of (and Liquidated Damagespremium, if any, on, ) and interest on such Notes when such payments are due from due, solely out of the trust referred created pursuant to in Section 8.04 hereof; this Indenture, (2) the Issuers’ Issuer’s obligations with respect to the such Notes concerning issuing temporary Notesunder Sections 3.04, registration of Notes3.05, mutilated3.06, destroyed10.02 and 10.03, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Notes Collateral Agent hereunder, and the Guarantors’ obligations of each of the Guarantors and the Issuer in connection therewith; and therewith (including but not limited to those obligations under Section 6.07) and (4) this Article 8Thirteen. Subject to compliance with this Article 8Thirteen, the Issuers Issuer may exercise their its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 hereof13.03 with respect to the Notes.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer's exercise under Section 8.01 hereof 1201 of the option applicable to this Section 8.021202, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Issuer shall be deemed to have been discharged from their its obligations with respect to all outstanding New Discount Notes (including the Note Guarantees) on the date the conditions set forth below in Section 1204 are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuers and the Guarantors will Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)New Discount Notes, which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof 1205 and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees New Discount Notes and this Indenture insofar as such New Discount Notes are concerned (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1i) the rights of Holders of outstanding New Discount Notes to receive receive, solely from the trust fund described in Section 1204 and as more fully set forth in such Section, payments in respect of the principal of, or interest or premium of (and Liquidated Damagespremium, if any, on, ) and interest on such New Discount Notes when such payments are due from the trust referred to in Section 8.04 hereof; due, (2ii) the Issuers’ Issuer's obligations with respect to the such New Discount Notes concerning issuing temporary Notesunder Sections 304, registration of Notes305, mutilated310, destroyed1002 and 1003, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Issuers’ and the Guarantors’ Issuer's obligations in connection therewith; and therewith and (4iv) this Article 8Twelve. If the Issuer exercises its Legal Defeasance Option, payment of the New Discount Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8Twelve, the Issuers Issuer may exercise their its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 hereof1203 with respect to the New Discount Notes.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the Issuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: : (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest (including Additional Amounts, such if any) on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; ; (2) the Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the or Guarantors’ obligations in connection therewith; and and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers may exercise their option under this Section 8.02 8.2 notwithstanding the prior exercise of its their option under Section 8.03 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)) and have Liens on the Collateral securing the Notes released, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, or interest on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its/their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)) and all of the Liens on Collateral securing the Notes released, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all its/their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated DamagesSpecial Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ ' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Senior Subordinated Notes (including the Senior Subordinated Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Senior Subordinated Notes (including the Senior Subordinated Note Guarantees), which will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Senior Subordinated Indenture referred to in clauses (1) and (2) below, and to have satisfied all their 102 other obligations under such Senior Subordinated Notes, the Senior Subordinated Note Guarantees and this Senior Subordinated Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Senior Subordinated Notes to receive payments in respect of the principal of, or interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Senior Subordinated Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ ' obligations with respect to the such Senior Subordinated Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ ' and the Guarantors’ ' obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willCompany shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Note Guarantees) Senior Secured Discount Notes, and any Collateral Documents to which it is a party, on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Senior Secured Discount Notes, which will shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees Senior Secured Discount Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Senior Secured Discount Notes to receive payments in respect of the principal amount at maturity or Accreted Value (as applicable) of, or and premium, if any, interest or premium and Liquidated Damages, if any, on, on such Senior Secured Discount Notes when such payments are due from the trust referred to described in Section 8.04 hereof; , as more fully set forth in such Section, (2b) the Issuers’ Company's obligations with respect to the Senior Secured Discount Notes concerning issuing temporary Senior Secured Discount Notes, registration of Senior Secured Discount Notes, mutilated, destroyed, lost or stolen Senior Secured Discount Notes and the maintenance of an office or agency for payment and money for security payments held in trust; , (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesGuarantee) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesGuarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or premium on, if any, interest or premium and Liquidated DamagesAdditional Amounts, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereofhereof with respect to the Notes, be deemed to have been discharged from their obligations with respect to all such outstanding Notes (including the Note Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Note Guarantees Notes and this Indenture Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding the Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, and interest on such Notes when such payments are due from solely out of the trust created pursuant to this Indenture referred to in Section 8.04 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the such Notes concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4d) this Article 8Section 8.02. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium premium, if any, on, and Liquidated Damagesinterest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notesunder Section 2.03, registration of Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10, and the maintenance of an office or agency for payment 2.11 and money for security payments held in trustSection 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) this Article 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Parent Guarantor, the Company and each of the Guarantors Subsidiaries of the Parent Guarantor that is a Guarantor (each, a “Subsidiary Guarantor”) will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note GuaranteesGuarantees of the Subsidiary Guarantors only) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Parent Guarantor, the Company and the Subsidiary Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note GuaranteesGuarantees of the Subsidiary Guarantors only), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees of the Subsidiary Guarantors and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, oninterest or Special Interest, if any, on such Notes when such payments are due from solely out of the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company’s obligations with respect to the such Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes under Article 2 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties powers and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; (4) the Parent Guarantor’s Obligations under Article 10 hereof; and (45) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. For the avoidance of doubt, all obligations of the Parent Guarantor under Article 10 hereof shall remain in full force and effect regardless of any such Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under pursuant to Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which 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 interest, premium or interest or premium and Liquidated DamagesAdditional Interest, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ Company’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ Company’s obligations in connection therewith; and (4) this Article 8. In addition, the Company may, at its option and at any time, elect Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under pursuant to Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest, such if any, on and any Additional Amounts in respect of the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers Issuer may exercise their its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due due, or on the redemption date, as the case may be from the trust referred to in Section 8.04 hereof; (2b) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02 hereof; (3c) the rights, powers, trusts, duties immunities and immunities indemnities of the Trustee hereunder and the Issuers’ and the Guarantors’ Issuer’s obligations in connection therewith; and (4d) this Article 88 with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8, the Issuers Issuer may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all the outstanding Notes (including and the Note Guarantees) Guarantees with respect thereto on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including and the Note Guarantees)Guarantees with respect thereto, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the such Note Guarantees with respect thereto and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding the Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2b) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4d) the Legal Defeasance provisions of this Article 8Indenture. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.028.02 with respect to any Series of Notes, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes (including the Note Guarantees) of that Series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Note Guarantees)Outstanding Notes, which will shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2a) the Issuers’ obligations with respect to the such Notes concerning issuing temporary Notesof that Series under Sections 2.05, registration of Notes2.06, mutilated, destroyed, lost or stolen Notes 2.08 and the maintenance of an office or agency for payment and money for security payments held in trust2.09 hereof; (3b) the rights, powers, trusts, duties indemnities and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ obligations in connection therewiththerewith (including, but not limited to, the rights of the Trustee and the duties of the Issuers and Guarantors under Section 7.07, which shall survive despite the satisfaction in full of all obligations hereunder); and (4c) this Article 8Sections 8.02, 8.04, 8.05, 8.06, 8.07, 8.08 and 11.11 hereof. Subject to compliance with this Article 8VIII, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof. In the event that the Issuers terminate all of their obligations under the Notes and this Indenture (with respect to such Series of Notes) by exercising the Legal Defeasance option or the Covenant Defeasance option, the obligations of each Guarantor under its Guarantee of such Notes shall be terminated simultaneously with the termination of such obligations.

Legal Defeasance and Discharge. Upon the Issuers’ Parent’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersIssuer, shall execute proper such instruments acknowledging the samesame as reasonably requested by the Issuer), except for the following provisions which 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, or interest or premium and Liquidated Damageson, if any, oninterest and Additional Interest, if any, on such Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes concerning issuing temporary Notesnotes, registration of Notesnotes, mutilated, destroyed, lost or stolen Notes notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8, the Issuers Parent may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Issuer’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuers Issuer and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Issuer and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and Guarantees, this Indenture and the Collateral Documents (and the Trustee, on written demand of and at the expense of the IssuersIssuer, shall execute proper instruments acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes issued under this Indenture to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, onand interest and Additional Interest, such if any, on the Notes when such payments are due from solely out of the trust referred to in Section 8.04 8.4 hereof; (2) the Issuers’ Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Issuer’s or Guarantors’ obligations in connection therewith; and (4) this Article 8VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Article 8Section 8.2, the Issuers Issuer may exercise their its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding EchoStar Exchange Notes (including the Note Guarantees) and Notes Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding EchoStar Exchange Notes (including and the Note Notes Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this EchoStar Exchange Notes Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such EchoStar Exchange Notes, the Note Notes Guarantees and this EchoStar Exchange Notes Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding EchoStar Exchange Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damages, if any, on, such EchoStar Exchange Notes when such payments are due from the trust referred to in Section 8.04 hereof; (2) the Issuers’ Company’s obligations with respect to the EchoStar Exchange Notes concerning issuing temporary Notesunder Section 2.03, registration of NotesSection 2.04, mutilatedSection 2.06, destroyedSection 2.07, lost or stolen Notes Section 2.10 and the maintenance of an office or agency for payment and money for security payments held in trustSection 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ and the Guarantors’ Company’s obligations in connection therewith; and (4) this Article 8VIII. Subject to compliance with this Article 8VIII, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers and each of the Guarantors willshall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the and Note Guarantees) Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers and the Guarantors will shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees Notes and this Indenture Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the Issuers, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, such and interest on the Notes when such payments are due from due, solely out of the trust created pursuant to this Indenture and referred to in Section 8.04 hereof8.05; (2) the Issuers’ obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder Trustee, and the Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Section 8.02. (b) Following the Issuers’ exercise of their Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof8.03.

Legal Defeasance and Discharge. Upon the Issuers’ Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers Company and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers Company and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuersCompany, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of outstanding Notes issued hereunder to receive payments in respect of the principal of, or interest or premium and Liquidated Damagespremium, if any, on, on such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2ii) the Issuers’ Company’s obligations with respect to the Notes issued hereunder concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers’ Company’s and the Guarantors’ obligations in connection therewith; and (4iv) this Article 8. Subject to compliance with this Article 8, the Issuers Company may exercise their its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuers’ PES’s exercise under pursuant to Section 8.01 hereof of the option applicable to this Section 8.02, the Issuers PES and each of the Guarantors will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuers PES and the Guarantors will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Note Guarantees Guarantees, the Security Documents and this Indenture (and the Trustee, on demand of and at the expense of the IssuersPES, shall execute proper instruments acknowledging the same), except for the following provisions which 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, or and interest or premium and Liquidated DamagesAdditional Interest, if any, on, such Notes when such payments are due from the trust referred to in Section 8.04 hereofbelow; (2) the Issuers’ PES’s obligations with respect to the Notes concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder Trustee, and the Issuers’ PES’s and the Guarantors’ obligations in connection therewith; and (4) this Article 8. Subject to compliance with this Article 8In addition, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of PES may, at its option under and at any time, elect to have the obligations of PES and the Guarantors released with respect to certain covenants (including its obligation to make Change of Control Offers and Asset Sale Offers) that are described in this Indenture (“Covenant Defeasance”) and thereafter any omission to comply with those covenants will not constitute a Default or Event of Default with respect to the Notes. In the event Covenant Defeasance occurs, certain events (not including non-payment, bankruptcy, receivership, rehabilitation and insolvency events described in Section 8.03 hereof6.01(10) and (11)) will no longer constitute an Event of Default with respect to the Notes.