Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 4 contracts
Samples: Aptiv Corp, Delphi Automotive PLC, Delphi Trade Management, LLC
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes of any series (including the Guarantees and the Liens securing the Notes and the Guarantees) on the date the conditions set forth below in Section 8.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, solely out of the trust described in Section 8.04, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations of each of the Guarantors and the Issuer in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofwith respect to the Notes.
Appears in 3 contracts
Samples: Collateral Agreement (Arconic Corp), Intercreditor Agreement (Arconic Inc.), Intercreditor Agreement (Arconic Rolled Products Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective Obligations and certain other obligations with respect to all outstanding Notes of any series and Guarantees, as applicable, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) of this sentence below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on (including Additional Interest, if any) on, such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its the option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Supplemental Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), Supplemental Indenture (Atlas Energy Resources, LLC)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company 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 Dollar Notes of any series and/or Euro Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Dollar Notes of such seriesand/or Euro Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Indenture (Daramic, LLC), Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer Issuers, any Guarantor and any other obligor upon the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Securities shall be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series Securities on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer Issuers, any Guarantor and any other obligor upon the securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesSecurities, which shall 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such SectionSection 8.4, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.7, 2.10, 2.13, 2.14, 2.15 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.
Appears in 3 contracts
Samples: Indenture and Assumption Agreement (Centennial Cellular Corp), Centennial Communications Corp /De, Centennial Communications Corp /De
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers 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 of any series Debentures on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesDebentures, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Debentures when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes Debentures under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.10 and Section 4.02 hereofhereof and the Appendix, (c) the rights, powers, trusts, duties and immunities of the Trustee and the Agents hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith and (d) the Legal Defeasance provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.
Appears in 3 contracts
Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, each of the Issuer Company and the Guarantors Guarantors, if any, shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and related Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture as it relates to such Notes (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s and Guarantors’ obligations with respect to such the Notes under Article 2 and Section 4.02 hereofII, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.
Appears in 3 contracts
Samples: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes of any series and Note Guarantees, as applicable, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s and the Guarantors’ obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Indenture (Cenveo, Inc), Indenture (Cenveo, Inc), Indenture (ReFinance America, LTD)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, or interest or premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ and Subsidiary Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 3 contracts
Samples: Circus and Eldorado Joint (Circus & Eldorado Joint Venture), Indenture (Circus & Eldorado Joint Venture), Circus and Eldorado Joint (Circus & Eldorado Joint Venture)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes and all obligations of any series the Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper such instruments as reasonably requested by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Additional Interest, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 3 contracts
Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Boyd Acquisition I, LLC
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Company and the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes Securities of such a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee and Agents hereunder and the IssuerCompany’s or any Guarantors’ obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 3 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (Roadrunner Transportation Systems, Inc.), Indenture (Marinemax Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company 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 of any series and to have each Guarantor's obligation discharged with respect to its Subsidiary Guarantee on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount ofof and premium and interest, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Indenture (Spanish Broadcasting System Inc), Spanish Broadcasting System of Puerto Rico Inc /Pr/
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.this
Appears in 2 contracts
Samples: Indenture (Perkins Finance Corp), Indenture (Restaurant Co)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and interest and premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.09 and Section 4.02 hereofhereof and the Appendix, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith and (d) the Legal Defeasance provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.
Appears in 2 contracts
Samples: Supplemental Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and Issuers (as well as the Guarantors Guarantors) shall, 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 any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof 1201 of the option applicable to this Section 8.021202, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Company shall be deemed to have been discharged from their its obligations with respect to all outstanding Outstanding Notes of any series and each Guarantor shall be deemed to have been discharged from its obligations with respect to its Guarantee 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 Issuer Company and any such Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 1205 and the other Sections of this Indenture referred to in (aA) and (bB) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, solely from the trust fund described in Section 1204 and as more fully set forth in such Section, (bB) the Issuer’s Company's obligations with respect to such Notes under Article 2 Sections 304, 305, 307, 1002 and Section 4.02 hereof1003, (cC) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the Issuer’s Company's obligations in connection therewith and (dD) the provisions of this Article 8 with respect to Legal DefeasanceTwelve. Subject to compliance with this Article 8Twelve, the Issuer Company may exercise its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 hereof1203 with respect to the Notes.
Appears in 2 contracts
Samples: Indenture (NXS I LLC), Amphenol Corp /De/
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.028.02 with respect to the Notes, the Issuer and the Guarantors Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations under this Indenture and all outstanding Notes and all obligations of the Guarantor shall be deemed to have been discharged (and any security granted to secure the Notes shall be released) with respect to all outstanding their obligations under this Indenture and the Guarantees of the Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand any Guarantees thereof, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture with respect to the Notes, the Notes and this Indenture the Guarantees thereof (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.:
Appears in 2 contracts
Samples: Indenture (Kinetik Holdings Inc.), Indenture (Kinetik Holdings Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and premium, if any, interest and interest Additional Interest, if any, on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such the Notes under Article 2 Sections 2.03, 2.04, 2.07, 2.09 and Section 4.02 hereofhereof and the Appendix, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith and (d) the Legal Defeasance provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.
Appears in 2 contracts
Samples: Indenture (Natural Resource Partners Lp), Indenture (PetroLogistics LP)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its their other obligations Obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, and interest, if any, and interest Additional Interest, if any, on such Notes when such payments are due, (b2) the Issuer’s obligations Issuers' Obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations Issuers' Obligations in connection therewith and (d4) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 2 contracts
Samples: Security Agreement and Fixture Filing (Trump Indiana Inc), Priority Intercreditor Agreement (Trump Indiana Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes Securities of any series Series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes Securities of such seriesSeries, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Notes Securities of such Series and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest interest, if any, on such Notes Securities when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 2 contracts
Samples: SFX Broadcasting (SFX Broadcasting Inc), Indenture (SFX Broadcasting Inc)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Company and the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes Securities of such a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee and Agents hereunder and the IssuerCompany’s or any Guarantors’ obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 2 contracts
Samples: Carbonite Inc, Carbonite Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Anthony Crane Sales & Leasing Lp, Anthony Crane Holdings Capital Corp
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and the Noteholder Collateral Platform Guarantees with respect to the Notes on the date the conditions set forth below in Section 8.04 are satisfied (hereinafter, “‘‘Legal Defeasance”). For this purpose, Legal Defeasance means that each of the Issuer and each Guarantor shall be deemed to have paid and discharged the entire indebtedness indebted- ness represented by the outstanding Notes of such series(including the Noteholder Collateral Platform Guarantees with respect to the Notes), which shall thereafter be deemed to be “outstanding” only for the purposes of Section Sec- tion 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied satis- fied all its other obligations under such Notes, the Noteholder Collateral Platform Guarantees with respect to the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuer and the Guarantors, shall execute proper instruments acknowledging the same), except for the following provisions provi- sions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, or interest or premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 Sec- tion 2.07, Section 2.10, Section 4.02, and Section 4.02 4.04 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer may exercise exer- cise 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, payment of the Notes may not be accelerated because of an Event of Default
Appears in 2 contracts
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 8.1(a) hereof of the option applicable to this Section 8.028.2 with respect to the Notes, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and Guarantees with respect to the Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” outstanding only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.2, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, solely from amounts deposited with the Trustee, as provided in Section 8.4 hereof, (bii) the Issuer’s Issuers' and the Guarantors' obligations with respect to such the Notes under Article 2 Sections 2.3, 2.4, 2.5, 2.6, 2.7, 2.10 and Section 4.02 4.2 hereof, (ciii) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Meristar Hospitality Corp), Supplemental Indenture (Meristar Hospitality Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.09 and Section 4.02 hereofhereof and the Appendix, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith and (d) the Legal Defeasance provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released and the Trustee and Collateral Trustee, on demand of and at the expense of the Issuers along with an Officers’ Certificate and Opinion of Counsel as to compliance with all conditions precedent relating to such Legal Defeasance, shall execute such instruments as reasonably requested by the Issuers acknowledging or evidencing the same.
Appears in 2 contracts
Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, each of the Issuer Company and the Guarantors Guarantors, if any, 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 of any series and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's and Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Supplemental Indenture (Iron Mountain Inc /De), Supplemental Indenture (Iron Mountain Inc /De)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and the Note Guarantees, as applicable on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, Interest or premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the IssuerIssuers’ and the Guarantor’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Indenture (NGA Holdco, LLC), Investment Agreement (Shreveport Capital Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Issuers shall, 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 of any series and to have each Guarantor's obligations discharged with respect to its Guarantee on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents any Agent hereunder and the Issuer’s Issuers' and Guarantors' obligations in connection therewith therewith, including, without limitation, Article 7 and Section 8.5 and 8.7 hereunder, and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 2 contracts
Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC
Legal Defeasance and Discharge. Upon the Issuer’s Anvil's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Anvil shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Senior Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Anvil shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesSenior Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerAnvil, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Senior Notes of such series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Senior Notes when such payments are due, (b) the Issuer’s Anvil's obligations with respect to such Senior Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Anvil's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Anvil may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 2 contracts
Samples: Indenture (Cottontops Inc), Indenture (Anvil Holdings Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors shall be deemed (i) to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.07 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and (ii) to have satisfied all its their respective other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations of the Company with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s respective obligations of the Company in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Indenture (Ocean Energy Inc), Ocean Energy Inc
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor shall be released from all of its obligations under its Guarantee. For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Debt represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereofSections 4.01 and 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 2 contracts
Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand Guarantees, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s and Guarantors obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Samples: Omnova Solutions Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Special Interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of of, and at the expense of of, the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumpremium and Additional Amounts, if any, and interest on on, such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the Issuer’s obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: TransDigm Group INC
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 9.01 hereof of the option applicable to this Section 8.029.02, the Issuer and the Guarantors Company shall, 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 9.05 hereof and the other Sections of this First Supplemental Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this First Supplemental Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 9.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 of the Indenture, Article 2 of this First Supplemental Indenture and Section 4.02 hereofof the Indenture, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceNine. Subject to compliance with this Article 8Nine, the Issuer Issuers may exercise its their option under this Section 8.02 9.02 notwithstanding the prior exercise of its option under Section 8.03 9.03 hereof.
Appears in 1 contract
Samples: Metricom Finance Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors each Guarantor shall, 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 any series and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers and each Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand Guarantees, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its of their other obligations under such Notes and Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive payments in respect of the principal of, and premium, interest and Liquidated Damages, if any, on the Notes when such payments are due solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such the Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Unicco Service Co
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and Issuers (as well as the Guarantors Guarantors) shall, 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 any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Consoltex Inc/ Ca)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes of any series and Note Guarantees, as applicable, on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumor premium and Additional Interest, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's and the Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, indemnitees and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Remington Arms Co Inc/
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company 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 and all obligations of any series the Guarantors with respect to their Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand Guarantees, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive payments in respect of the principal of, premium, if any, or interest and Additional Interest, if any, on such Notes when such payments are due solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 Sections 2.06, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Blount International Inc
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes and all obligations of any series the Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred 56 to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper such instruments as reasonably requested by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Additional Interest, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Samples: Boyd Gaming Corp
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on written demand of and at the expense of the IssuerCompany and the Guarantors, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section Sections 4.02 and 4.03 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company -41- may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Heritage Property Investment Limited Partnership)
Legal Defeasance and Discharge. Upon the Issuer’s Stater Bros.' exercise under Section 8.01 hereof of the option ------------ applicable to this Section 8.02, the Issuer and the Guarantors Stater Bros. 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Stater Bros. shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture ------------ referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerStater Bros., shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section ------- 8.04 hereof, and as more fully set forth in such Section, payments in respect of ---- the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Stater Bros.' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, --------- ------------ powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Stater Bros.' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to --------- compliance with this Article 8, the Issuer Stater Bros. may exercise its option under this --------- Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 ------------ ------------ hereof.
Appears in 1 contract
Samples: Stater Bros Holdings Inc
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Debt represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's and the Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Northland Cable Television Inc
Legal Defeasance and Discharge. Upon the Issuer’s exercise by the Issuer under Section 8.01 hereof 2.01 of the option applicable to this Section 8.022.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series Outstanding Series G Debentures on the date the conditions set forth below are satisfied in respect of such Debentures (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Series G Debentures, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 2.05 and the other Sections provisions of this the Amended Indenture referred to in (a) and (b) of this paragraph below, and to have satisfied all of its other obligations under in respect of such Notes and this Indenture Debentures (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Outstanding Series G Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, of and interest on such Notes Debentures when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes Debentures under Article 2 Sections 3.6, 3.7, 3.10, 4.2, 4.4 and Section 4.02 hereof5.1 of the Amended Indenture, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceTwo. Subject to compliance with this Article 8Two, the Issuer may exercise its the option under this Section 8.02 2.02 notwithstanding the prior exercise of its the option under Section 8.03 hereof2.03 with respect to such Debentures.
Appears in 1 contract
Samples: Orange & Rockland Utilities Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the above option applicable to this Section 8.021302, the Issuer Parent and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Issuers shall be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes of any series on the date the conditions set forth below in Section 1304 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof 1305 and the other Sections of this Indenture referred to in clauses (ai) and through (biv) belowof this paragraph, and to have satisfied all of its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding such Outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, 1304 and as more fully set forth in such Sectionthis Article Thirteen, payments in respect of the principal amount of, of (and premium, if any, ) and interest on such Notes when such payments are due, ; (bii) the Issuer’s obligations of the Parent, the Issuers and the Trustee with respect to such Notes under Article 2 Sections 304, 305, 310, 1002 and Section 4.02 hereof, 1003; (ciii) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith with respect thereto; and (div) the provisions of this Article 8 with respect to Legal DefeasanceThirteen. Subject to compliance with this Article 8, the Issuer The Issuers may exercise its their option under this Section 8.02 1302 notwithstanding the prior exercise of its their option under Section 8.03 hereof1303 with respect to such Note.
Appears in 1 contract
Samples: Indenture (Ellington Financial Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Anchor Holdings Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise by Issuer under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their the obligations of the Issuer with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (ai) and (bii) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, or premium, if any, interest and interest Special Interest and Additional Amounts, if any, on such Notes when such payments are due, ; (bii) the Issuer’s 's obligations with respect to such Notes under Article 2 II and Section 4.02 hereof, ; (ciii) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith therewith; and (div) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Sanitec International Sa)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in 66 respect of the principal amount of, of and premium, if any, interest and interest Additional Interest, if any, on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.09 and Section 4.02 hereofhereof and the Appendix, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' and the Guarantors' obligations in connection therewith and (d) the Legal Defeasance provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof. If the Issuers exercise their Legal Defeasance option, each Guarantor will be released and relieved of any obligations under its Subsidiary Guarantee, and any security for the Notes (other than the trust) will be released.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of and any series Note Guarantees, as applicable on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumor Interest or premium and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the Issuer’s Issuers' and the Guarantor's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Shreveport Capital Corp
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this First Supplemental Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this First Supplemental Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection correction therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Restaurant Co
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Debentures on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesDebentures, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Debentures when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes Debentures under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Grove Investors Capital Inc
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes of any series (including the Guarantees and the Liens securing the Notes and the Guarantees) on the date the conditions set forth below in Section 8.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, solely out of the trust described in Section 8.04, (b) the Issuer’s obligations with respect to such Notes under Article 2 II and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations of each of the Guarantors and the Issuer in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofwith respect to the Notes.
Appears in 1 contract
Samples: Indenture (Gannett Co., Inc.)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its their other obligations Obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, and interest, if any, and interest Additional Interest, if any, on such Notes when such payments are due, (b2) the IssuerCompany’s obligations Obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s obligations Obligations in connection therewith and (d4) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 1 contract
Samples: Indenture (Jacobs Entertainment Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and the Note Guarantees, as applicable on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumor Interest or premium and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the Issuer’s Issuers' and the Guarantor's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: HCS Ii Inc
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 4.01 hereof of the option applicable to this Section 8.024.02, the Issuer and the Guarantors shall, subject to the satisfaction each of the conditions set forth in Section 8.04 hereof, Issuers shall be deemed to have been discharged from their its obligations with respect to all outstanding Outstanding Notes of any series on the date the conditions set forth below in Section 4.04 hereof are satisfied (hereinafter, “Legal Defeasancelegal defeasance”). For this purpose, Legal Defeasance legal defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 4.05 hereof and the other Sections of the Original Indenture and this Seventh Supplemental Indenture referred to in (aA) and (bB) below, and to have satisfied all its of their other obligations under such Notes and this Seventh Supplemental Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, 4.04 hereof and as more fully set forth in such Section, payments in respect of the principal amount of, and premium, if any, and interest on such Notes when such payments are due, (bB) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Sections 3.05, 3.06, 3.07, 6.02, 6.06(b) and Section 4.02 hereof9.06 of the Original Indenture, (cC) the rights, powers, trusts, duties duties, and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (dD) the provisions of this Article 8 with respect to Legal Defeasance4. Subject to compliance with this Article 84, the Issuer Issuers may exercise its their option under this Section 8.02 4.02 notwithstanding the prior exercise of its their option under Section 8.03 4.03 hereof.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Southern Natural Gas Co)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture including that of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Nexstar Broadcasting Group Inc
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer Company and the Guarantors Subsidiary Guarantors, if any, shall, 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 of any series and the Subsidiary Guarantees, if any, thereof on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are duedue from the trust fund described in Section 8.4 hereof, and as more fully set forth in such Section, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith 85 79 and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Belco Oil & Gas Corp
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor shall be released from all of its Obligations under its Note Guarantee. For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall 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 (a) and through (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Special Interest, if any, on such Notes when such payments are due, ; (b) the Issuer’s obligations Issuers’ Obligations with respect to such Notes under Article 2 II and Section 4.02 hereof, Sections 3.1 and 3.14; (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations Issuers’ and the Guarantors’ Obligations in connection therewith therewith; and (d) the provisions of this Article 8 with respect VIII. If the Issuers exercise under Section 8.1 the option applicable to Legal Defeasancethis Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Issuer Issuers may exercise its their option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.
Appears in 1 contract
Samples: Tronox (Tronox Inc)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, each of the Issuer Company and the Guarantors Guarantors, if any, 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 of any series and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's and Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Iron Mountain Inc /De)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer Company and the Guarantors Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes of and any series Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes of such series to receive solely from out of the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, premium and interest on such Notes when such payments are due, (bii) the Issuer’s Company's and any Guarantor's obligations with respect to such the Notes under Article 2 and Section 4.02 4.2 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, and the Issuer’s Company's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Indenture (Coast Resorts Inc)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and to have each Guarantor’s obligations discharged with respect to its Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such SectionSection 8.4, payments in respect of the principal amount of, premiumof or interest or premium and Additional Interest, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such the Notes under Article 2 concerning issuing temporary Notes, registration of Notes, mutilated, destroyed, lost or stolen Notes and Section 4.02 hereofthe maintenance of an office or agency for payment and money for security payments held in trust, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder Trustee, and the IssuerCompany’s and the Guarantors’ obligations in connection therewith therewith; and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Supplemental Indenture (Local Insight Yellow Pages, Inc.)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”)") and each Guarantor shall be released from all of its Obligations under its Note Guarantee. For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall 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 (a) and through (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Special Interest, if any, on such Notes when such payments are due, ; (b) the Issuer’s obligations Issuers' Obligations with respect to such Notes under Article 2 II and Section 4.02 hereof, Sections 3.1 and 3.14; (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations Issuers' and the Guarantors' Obligations in connection therewith therewith; and (d) the provisions of this Article 8 with respect VIII. If the Issuers exercise under Section 8.1 the option applicable to Legal Defeasancethis Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Issuer Issuers may exercise its their option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.
Appears in 1 contract
Samples: Indenture (Tronox Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series 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 Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand the Note Guarantees, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Liquidated Damages on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Pledge and Security Agreement (Unwired Telecom Corp)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer and the Guarantors shall, 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 of any series Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesSecurities, which shall 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 (a) and (b) below, and to have satisfied all of its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments provided to it acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest (and Liquidated Damages, if any) on such Notes Securities when such payments are due, (b) the Issuer’s obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.
Appears in 1 contract
Samples: Indenture (Kerzner International Employment Services LTD)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes and all obligations of any series the Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper such instruments as reasonably requested by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Additional Interest, if any, and interest on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)"LEGAL DEFEASANCE") and each Guarantor shall be released from all of its obligations under its Guarantee. For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Debt represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section 4.02 hereofSections 4.01 and 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Samples: Texas San Macros Treatment Center Lp
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Second Supplemental Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Second Supplemental Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.Article
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the above option applicable to this Section 8.0213.2, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes of any series on the date the conditions set forth below in Section 13.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 hereof 13.5 and the other Sections of this Indenture referred to in clauses (ai) and through (biv) belowof this paragraph, and to have satisfied all of its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding such Outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, 13.4 and as more fully set forth in such Sectionthis Article XIII, payments in respect of the principal amount of, of (and premium, if any, ) and interest on such Notes when such payments are due, ; (bii) the Issuer’s obligations of the Guarantors, the Issuer and the Trustee with respect to such Notes under Article 2 Sections 3.4, 3.5, 3.10, 10.2 and Section 4.02 hereof, 10.3; (ciii) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith with respect thereto; and (div) the provisions of this Article 8 with respect to Legal DefeasanceXIII. Subject to compliance with this Article 8, the The Issuer may exercise its option under this Section 8.02 13.2 notwithstanding the prior exercise of its option under Section 8.03 hereof13.3 with respect to such Note.
Appears in 1 contract
Samples: Indenture (Great Ajax Corp.)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series and the Collateral Documents on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Company's and any Guarantor's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith therewith, including, without limitation, its obligations under Section 7.07 hereof, and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 8.1(a) hereof of the option applicable to this Section 8.028.2 with respect to the Notes of a particular series, the Issuer Issuers and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Notes of any such series and Guarantees with respect to the Notes of such series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such the affected series, which shall thereafter be deemed to be “outstanding” outstanding only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.2, and to have satisfied all its their other obligations under such Notes and this Indenture with respect to such series (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, solely from amounts deposited with the Trustee, as provided in Section 8.4 hereof, (bii) the Issuer’s Issuers' and the Guarantors' obligations with respect to the Notes of such Notes series under Article 2 Sections 2.3, 2.4, 2.5, 2.6, 2.7, 2.10 and Section 4.02 4.2 hereof, (ciii) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes of any series on the date the conditions set forth below in Section 8.04 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Notes of such seriesOutstanding Notes, which 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, solely out of the trust described in Section 8.04, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations of each of the Guarantors and the Issuer in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofwith respect to the Notes.
Appears in 1 contract
Samples: Resideo Technologies, Inc.
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumpremium and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Insight Communications Co Inc
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Guarantor shall be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes, and this Indenture shall cease to be of further effect as to all outstanding Notes and the Guarantee except as to rights of such series, Holders to receive payments which shall 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, interest and interest Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 Sections 2.3, 2.6, 2.7, 2.10 and Section 4.02 hereof5.2, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Notes.
Appears in 1 contract
Samples: Horseshoe Gaming LLC
Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Company and the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes Securities of such a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, ; (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, ; (c) the rights, powers, trusts, duties duties, and immunities of the Trustee and Agents hereunder and the IssuerCompany’s or any Guarantors’ obligations in connection therewith therewith; and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 1 contract
Samples: Indenture (Marinemax Inc)
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shallCompany will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor will be released from all of its obligations under its Note Guarantee. For this purpose, Legal Defeasance means that the Issuer shall Company will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes the Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall will execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, or interest and interest Additional Interest, if any, on such Notes when such payments are due, (b) the IssuerCompany’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Samples: Xerium Technologies Inc
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02902, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Company shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes the Outstanding Securities of any series on the date the conditions set forth below are satisfied with respect to such series (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means 57 that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes Outstanding Securities of such series, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 905 and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 902, and to have satisfied all its other obligations under the Securities of such Notes series and this Indenture as it relates to such series (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Outstanding Securities of such series to receive solely from the trust fund described in Section 8.04 hereof904, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Issuer’s Company's obligations with respect to such Notes Securities under Article 2 Sections 304, 305 and Section 4.02 hereof502, (ciii) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, including, without limitation, the Trustee's rights under Section 807, and the Issuer’s Company's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance9. Subject to compliance with this Article 89, the Issuer Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Olympic Financial LTD)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Issuer and the Guarantors Issuers shall, 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 of any series and to have each Guarantor’s obligations discharged with respect to its Guarantee on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 and Section 4.02 Two hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents any Agent hereunder and the Issuer’s Issuers’ and Guarantors’ obligations in connection therewith therewith, including, without limitation, Article Seven and Section 8.5 and 8.7 hereunder, and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Supplemental Indenture (Alliance Laundry Systems LLC)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of its option to defease and discharge indebtedness with respect to the option applicable Notes of any series, the Issuers shall be deemed to have been discharged from its obligations with respect to such Notes as provided in this Section 8.02, 8.02 on and after the Issuer and the Guarantors shall, subject to the satisfaction of date 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 any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding such Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the written request and expense of the IssuerIssuers, shall execute proper instruments instruments, prepared by the Issuers in form reasonably satisfactory to the Trustee, acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding such Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection 8.04, payments in respect of the principal amount of, premium, if any, and any premium and interest on on, such Notes when such payments are due, ; (b2) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Section 2.05, Section 2.06, Section 2.07, Section 4.02 and Section 4.02 hereof, 4.03; (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith hereunder; and (d4) the provisions of this Article 8 with respect to Legal DefeasanceARTICLE 8. Subject to compliance with this Article ARTICLE 8, the Issuer Issuers may exercise its their option under to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option under to have Section 8.03 hereofapplied to such Notes.
Appears in 1 contract
Samples: Indenture (NEWMONT Corp /DE/)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesand the Note Guarantees, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumpremium and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Wright Bilt Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”'LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b1') below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b~) the Issuer’s Company's and the Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Cpi Holding Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02902, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Company shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes the Outstanding Securities of any series on the date the conditions set forth below are satisfied with respect to such series (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes Outstanding Securities of such series, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 905 and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 902, and to have satisfied all its other obligations under the Securities of such Notes series and this Indenture as it relates to such series (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Outstanding Securities of such series to receive solely from the trust fund described in Section 8.04 hereof904, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Issuer’s Company's obligations with respect to such Notes Securities under Article 2 Sections 304, 305 and Section 4.02 hereof502, (c) the iii)the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder hereunder, including, without limitation, the Trustee's rights under Section 807, and the Issuer’s Company's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance9. Subject to compliance with this Article 89, the Issuer Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities of such series.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection , payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Notes when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Shop Vac Corp)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series Debentures on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesDebentures, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Debentures when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes Debentures under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Grove Holdings Capital Inc
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Issuer Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from their obligations Obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its their other obligations Obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, and interest, if any, and interest Additional Interest, if any, on such Notes when such payments are due, (b2) the Issuer’s obligations Company's Obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations Company's Obligations in connection therewith and (d4) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Company 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 of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor shall be released from all of its obligations under its guarantee. For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a), (b) and (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the IssuerCompany’s and the Guarantors’ obligations with respect to such Notes under Article 2 and Section Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (La Quinta Properties Inc)
Legal Defeasance and Discharge. Upon the Issuer’s exercise under election described in Section 8.01 hereof of the option applicable to exercise its rights under this Section 8.02, the Parent, the Issuer and each of the Guarantors shallwill, 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 Notes, the Note Guarantees, this Indenture, the Intercreditor Agreement, any Additional Intercreditor Agreement and the Transaction Security Documents, and cause the release of any series all Liens on the Charged Property granted under the Transaction Security Documents on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Parent, the Issuer shall and the Guarantors will be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such series(including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (aSection 8.02(a) and (bSection 8.02(b) below, and to have satisfied all its their other obligations under such Notes Notes, the Note Guarantees, this Indenture, the Intercreditor Agreement, any Additional Intercreditor Agreement and this Indenture the Transaction Security Documents, and which will release all Liens on the Charged Property granted under the Transaction Security Documents (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8Eight, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Management Agreement (International Specialty Products Inc /New/)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, 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 any series on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Issuer’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: National Crane Corp
Legal Defeasance and Discharge. Upon the Issuer’s 's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Issuer Issuer, any Guarantor and any other obligor upon the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Securities shall be deemed to have been discharged from their obligations with respect to all outstanding Notes of any series Securities on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer Issuer, any Guarantor and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesSecurities, which shall 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 (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such SectionSection 8.4, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Issuer’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.7, 2.10, 2.13, 2.14, 2.15 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Issuer may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.
Appears in 1 contract
Samples: Centennial Communications Corp /De
Legal Defeasance and Discharge. Upon the Issuer’s Company's ------ ------------------------ exercise under Section 8.01 hereof of the above option applicable to this Section 8.02with respect to the Outstanding Notes, the Issuer and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, Company shall be deemed to have been discharged from their its obligations with respect to all outstanding the Outstanding Notes of any series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “Legal Defeasance”"legal defeasance"). For this purpose, Legal Defeasance such legal defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Outstanding Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Outstanding Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, and 1204 as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on on, such Notes when such payments are dueto Maturity, (b2) the Issuer’s Company's obligations with respect to such Notes under Article 2 Sections 305, 306, 607, 1002 and Section 4.02 hereof1003 and such obligations as shall be ancillary thereto, (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith Trustee, and (d4) the provisions of this Article 8 with respect to Legal DefeasanceTwelve. Subject to compliance with this Article 8Twelve, the Issuer Company may exercise its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 hereof1203.
Appears in 1 contract
Samples: Presidential Life Corp
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of its option to defease and discharge indebtedness with respect to the option applicable Notes of any series, the Issuers shall be deemed to have been discharged from its obligations with respect to such Notes as provided in this Section 8.02, 8.02 on and after the Issuer and the Guarantors shall, subject to the satisfaction of date 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 any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding such Notes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the written request and expense of the IssuerIssuers, shall execute proper instruments instruments, prepared by the Issuers in form reasonably satisfactory to the Trustee, acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or and discharged hereunder: (a1) the rights of Holders of outstanding such Notes of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection 8.04, payments in respect of the principal amount of, premium, if any, and any premium and interest on on, such Notes when such payments are due, ; (b2) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 Section 2.05, Section 2.06, Section 2.07, Section 4.02 and Section 4.02 hereof, 4.03; (c3) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s obligations in connection therewith hereunder; and (d4) the provisions of this Article 8 with respect to Legal DefeasanceARTICLE 8. Subject to compliance with this Article ARTICLE 8, the Issuer Issuers may exercise its their option under to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option under to have Section 8.03 hereofapplied to such Notes.
Appears in 1 contract
Samples: Indenture (NEWMONT Corp /DE/)
Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer and the Guarantors Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from all of their obligations with respect to all outstanding Notes of any series and this Indenture on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same), except for ; provided that the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest on such Notes when such payments are due, (b) the Issuer’s Issuers’ obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Issuers’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Sba Communications Corp
Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Issuer Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their respective obligations with respect to all outstanding Notes of any series and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Notes of such seriesNotes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Issuer’s Company's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Issuer’s Company's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Issuer Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Stericycle Inc)