Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (d) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 11 contracts
Samples: Indenture (Worldcom Inc), Indenture (Mci Inc), Indenture (Worldcom Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Guarantee, on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, and each Guarantor shall be deemed to have paid and discharged its Guarantee (which in each case 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), (b), (c) and (db) below, ) and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or of and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.4, 2.7, 2.8, 2.9, 2.13 and Sections 4.01 and 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 6 contracts
Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Steel Corp /De), Indenture (Wheeling Pittsburgh Steel Corp /De)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 5 contracts
Samples: Indenture (Ubiquitel Inc), Indenture (MRS Fields Holding Co Inc), Indenture (Dominos Pizza Government Services Division Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, 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), (b), (c) and (db) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 Two and Sections 4.01 and 4.02 hereofSection 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises under Section 8.01 hereof the its legal defeasance option applicable pursuant to this Section 8.02, subject the Subsidiary Guarantees will terminate with respect to the satisfaction of the conditions set forth in Section 8.04 hereofNotes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option under (if any) to have Section 8.03 hereofapplied to such Notes.
Appears in 5 contracts
Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), Indenture (SM Energy Co)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 9.01 of the option applicable to this Section 8.029.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 9.05 and the other Sections of this Indenture referred to in clauses (a), (b), (c) and (db) belowof this Section 9.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, 9.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 9.02, the Company’s obligations with respect to such Notes under Article 2 Three and Sections 4.01 and 4.02 hereofSection 5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8Nine. Subject to compliance with this Article Nine, the Company may exercise its option under this Section 9.02 notwithstanding the prior exercise of its option under Section 9.03. If the Company exercises under Section 8.01 hereof the its legal defeasance option applicable pursuant to this Section 8.029.02, subject the Subsidiary Guarantees will terminate with respect to the satisfaction of the conditions set forth in Section 8.04 hereofNotes, and payment of the Notes may not be accelerated pursuant to Section 7.02 because of an Event of Default. Subject to compliance with this Article 8Nine, the Company may exercise its option under (if any) to have this Section 8.02 9.02 applied to any Notes notwithstanding the prior exercise of its option under (if any) to have Section 8.03 hereof9.03 applied to such Notes.
Appears in 4 contracts
Samples: Fifth Supplemental Indenture (SM Energy Co), Fourth Supplemental Indenture (SM Energy Co), Third Supplemental Indenture (SM Energy Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 2.06, 2.07, 2.10 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Company 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: Indenture (Southern California Microwave Inc), Indenture (L 3 Communications Holdings Inc), Indenture (L 3 Communications Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (d) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest and Additional Amounts on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Company 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: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable provided under Section 11.01 hereof to defease the outstanding Securities of a particular series under this Section 8.0211.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all such outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding NotesSecurities of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 11.05 hereof and the other Sections of this Indenture referred to in clauses (a), (b), (ci) and (dii) belowof this Section 11.02, and to have satisfied all its other obligations under the Notes such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, Company shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities of such series to receive solely from the trust fund described in Section 8.04 11.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes Securities when such payments are due, (bii) the Company’s obligations with respect to such Notes Securities under Article 2 Sections 3.06, 3.07, 3.08(a), 3.09, 3.11, and Sections 4.01 and 4.02 11.05 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee’s rights under Section 5.07 hereof, and the Company’s obligations in connection therewith and (d) with this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Default11. Subject to compliance with this Article 811, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 hereof11.03 hereof with respect to the Securities of such series.
Appears in 4 contracts
Samples: Indenture (Thomas Properties Group Inc), Indenture (Dendreon Corp), Indenture (Dendreon Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02902, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from 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”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesOutstanding 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 (a), (b), (ci) and (dii) belowof this Section 902, and to have satisfied all its other obligations under the Notes Securities of such series and this Indenture as it relates to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding 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 of, premium, if any, or and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 305, 306 and Sections 4.01 and 4.02 hereof502, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 808, and the Company’s 's obligations in connection therewith and (div) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Default9. Subject to compliance with this Article 89, the 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 3 contracts
Samples: Indenture (Uhc Capital I), Indenture (Benchmark Electronics Inc), Indenture (United Healthcare Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, each of the Company and the Guarantors, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged all amounts owed under the outstanding Notes and the Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesGuarantees, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes such Notes, such Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or and interest (and Liquidated Damages, if any) on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.6, 2.7 and Sections 4.01 and 4.02 2.10 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 2 contracts
Samples: Indenture (RFS Partnership Lp), Indenture (RFS Hotel Investors Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or Loan Fees and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Criimi Mae Inc), Indenture (Criimi Mae Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (d) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Armstrong World Industries Inc), Indenture (Armstrong World Industries Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all of its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Amcraft Building Products Co Inc), Indenture (Amcraft Building Products Co Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 13.1 of the option applicable to this Section 8.02Section, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof13.4, be deemed to have been discharged from its obligations with respect to all outstanding Notes then Outstanding on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes then Outstanding, 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 (a), (b), (c) and (db) below, and the Company shall be deemed to have satisfied all its other obligations under the Notes and this Indenture (and the 76 83 Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes then Outstanding to receive solely from the trust fund described in Section 8.04 hereof13.4, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes as and when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Articles One, Two, Three and Sections 4.01 Four and 4.02 hereofSection 9.3, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultArticle. Subject to compliance with this Article 8Article, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof13.3.
Appears in 2 contracts
Samples: Indenture (Altiva Financial Corp), Indenture (Altiva Financial Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Additional Interest, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations of the Company and each of the Subsidiary Guarantors in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Villa Pines Care LLC), Indenture (Gallipolis Care LLC)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumof and interest and Additional Interest, if any, or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Coventry Health Care Inc), Indenture (Coventry Health Care Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor, if any, shall be released from all of its obligations under its Subsidiary Guaranty. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest and Additional Interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantor’s, if any, obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Additional Interest, if any, on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Talecris Biotherapeutics Holdings Corp.), Indenture (Hanger Orthopedic Group Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company 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 (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and the Security Documents to which it is a party and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees and the Security Documents to which they are a party, and the Liens shall be released, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.08 and the other Sections of this Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this the Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions clauses, which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection 8.04, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 2, Section 4.02 and Sections 4.01 and 4.02 hereofSection 8.08, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and Guarantors’ obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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: Indenture (Spectrum Brands, Inc.)
Legal Defeasance and Discharge. Upon the Company’s Co-Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Co-Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company Co-Issuers shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyCo-Issuers, 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 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s Co-Issuers' obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Co-Issuers' obligations in connection therewith and (d) this Article 8. If the Company exercises Co-Issuers exercise under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company Co-Issuers 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its 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 Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, and each Guarantor shall be deemed to have paid and discharged its 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), (b), (c) and (db) below, ) and to have satisfied all its other obligations under the such Notes or Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of and premium, if any, or interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option specified in Section 8.3 above applicable to this Section 8.028.4, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes the Notes, on and after the date the conditions set forth below in Section 8.6 hereof are satisfied (hereinafterhereinafter "legal defeasance"), “Legal Defeasance”)subject to reinstatement pursuant to Section 8.10. For this purpose, Legal Defeasance such legal defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding Notes, such Notes which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 8.7 hereof and the other Sections of this Indenture referred to in (a), clause (b), (c) and (d) belowof this Section 8.4, and to have satisfied all its other obligations under the such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following provisions following, which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding such Notes to receive receive, solely from the trust fund funds described in Section 8.04 hereof, 8.6(a) hereof and as more fully set forth in such SectionSection 8.6, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, ;
(b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.2, 2.3, 2.4, 2.5, 2.8, 2.10, 4.1, 4.2 and Sections 4.01 and 4.02 6.8 hereof, ;
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and hereunder; and
(d) this Article 8VIII. If Subject to compliance with this Article VIII, the Company exercises may exercise its option under this Section 8.4 with respect to the Notes notwithstanding the prior exercise of its option under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 8.5 hereof. Following a legal defeasance, payment of the such Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8If the Company exercises its legal defeasance option, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofGuarantees in effect at such time will terminate.
Appears in 1 contract
Samples: Indenture (Collins & Aikman Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Two and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the 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 (Apparel Retailers Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2 with respect to the Securities of a particular Series, the 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 its obligations with respect to all outstanding Notes Securities of that Series for which such option has been exercised on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding NotesSecurities of that Series, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and such Securities of that Series, this Indenture and any other obligations with respect to such Securities set forth in a Board Resolution, supplemental indenture hereto or an Officers' Certificate pursuant to Section 2.2 hereof (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities of that 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 of, premium, if any, or of and interest on such Notes Securities of that Series when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities of that Series under Article 2 and Sections 4.01 and 4.02 Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s 's ------------------------------ exercise under Section 8.01 hereof of the its option applicable to have this Section 8.028.02 applied to the outstanding Notes (in whole and not in part), the Company shall, subject and the Guarantors shall be deemed to have been discharged from their obligations with respect to such Notes as provided in this Section 8.02 on and after the satisfaction of date the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below hereof are satisfied (hereinafter, “hereinafter called "Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding Notes, such Notes which shall thereafter be deemed to be “"outstanding” " only for the purposes purpose of Section 8.05 hereof and the other Sections Section of this Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, due from the trust referred to below,
(b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.09, 4.02, 4.03 and Sections 4.01 and 4.02 4.04 hereof, ,
(c) the Company's obligations under the Registration Rights Agreement,
(d) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture and the Company’s 's obligations in connection therewith and therewith,
(de) Article III hereof, and
(f) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under to have this Section 8.02 applied to the outstanding Notes (in whole and not in part) notwithstanding the prior exercise of its option under to have Section 8.03 hereofhereof applied to such Notes.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged the entire Debt debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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 Company’s 's exercise under Section 8.01 12.1 hereof of the option applicable to this Section 8.0212.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof12.4, be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Outstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 12.5 and the other Sections of this Indenture referred to in (a), (b), (c) and (db) below, and the Company shall be deemed to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof12.4, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes as and when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 3.6, 3.7, 3.8, 9.2, 9.3 and Sections 4.01 and 4.02 hereof9.5, (c) the rights, powers, trusts, duties and immunities of the Trustee and any Authenticating Agent hereunder (including Section 6.7) and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultArticle. Subject to compliance with this Article 8Article, the Company may exercise its option under this Section 8.02 12.2 notwithstanding the prior exercise of its option under Section 8.03 hereof12.3.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall will be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a), (b), (ci) and (dii) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall will execute proper instruments acknowledging the same), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: :
(ai) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection 8.04, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, ;
(bii) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 2.06, 2.07, 2.10 and 4.02 hereof, ;
(ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture and the Company’s obligations in connection therewith and and
(div) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 CompanyIssuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this First Supplemental Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 and interest on such Notes when such payments are due, (b) the CompanyIssuer’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereofSection 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the CompanyIssuer’s obligations in connection therewith and (d) the provisions of this Article 8. If the Company exercises under Section 8.01 hereof the option applicable 8 with respect to this 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 DefaultLegal Defeasance. Subject to compliance with this Article 8, the Company 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumof premium or Special Interest, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's and the Guarantors' obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Crown Battleground LLC)
Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Special Interest on such Notes when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company 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. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its their obligations with respect to the Indenture, all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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 clauses (a), 1) through (b), (c) and (d4) below, and to have satisfied all of its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), and this Indenture shall cease to be of further effect as to all Notes, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a1) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, interest or Additional Amounts, if any, or interest on such Notes when such payments are due, due from the trust created pursuant to this Indenture referred to in Section 8.04;
(b2) the Company’s obligations with respect to such the Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.10 and Sections 4.01 and 4.02 hereof, 4.02;
(c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture, and the Company’s obligations in connection therewith and therewith; and
(d4) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to .
(b) Following the satisfaction Company’s exercise of the conditions set forth in Section 8.04 hereofits Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. .
(c) Subject to compliance with this Article 8, the 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 Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, each of the Company and the Guarantors, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Guarantees, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes such Notes, such Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Sections 4.01 and 4.02 Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Indenture (Panolam Industries Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Supplemental Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Supplemental Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.. -59-
Appears in 1 contract
Samples: Second Supplemental Indenture (Istar Financial Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, each of the Company and the Guarantors, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged all amounts owed under the outstanding Notes and the Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesGuarantees, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes such Notes, such Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Sections 4.01 and 4.02 Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Indenture (Mikohn Gaming Corp)
Legal Defeasance and Discharge. Upon the Company’s 's ------------------------------ exercise under Section 8.01 hereof of the its option applicable to have this Section 8.028.02 applied to the outstanding Notes (in whole and not in part), the Company shall, subject and the Guarantors shall be deemed to have been discharged from their obligations with respect to such Notes as provided in this Section 8.02 on and after the satisfaction of date the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below hereof are satisfied (hereinafter, “hereinafter called "Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding Notes, such Notes which shall thereafter be deemed to be “"outstanding” " only for the purposes purpose of Section 8.05 hereof and the other Sections of this Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Additional Interest, if any, on such Notes when such payments are due, due from the trust referred to below,
(b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.03, 2.04, 2.06, 2.07, 2.09, 4.02, 4.03 and Sections 4.01 and 4.02 4.04 hereof, ,
(c) the Company's obligations under the Registration Rights Agreement,
(d) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture and the Company’s 's obligations in connection therewith and therewith,
(de) Article III hereof, and
(f) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under to have this Section 8.02 applied to the outstanding Notes (in whole and not in part) notwithstanding the prior exercise of its option under to have Section 8.03 hereofhereof applied to such Notes.
Appears in 1 contract
Samples: Indenture (Krystal Company)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Aki Holding Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are duedue or on the redemption date, as the case may be, from the trust referred to in Section 8.04(a); (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.10 and Sections 4.01 and 4.02 4.12 hereof, ; (c) the rights, powers, trusts, duties and immunities of the Trustee including without limitation thereunder Section 7.07, 8.05 and 8.07 hereunder and the Company’s 's obligations in connection therewith and therewith; (d) the Company's rights to redeem Notes under Section 3.07 hereof; and (e) the provisions of this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof."
(i) Section 8.03 shall be amended and restated in its entirety to read as follows:
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor, if any, shall be released from all of its obligations under its Subsidiary Guaranty. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantor’s, if any, obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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: Indenture (Centene Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company 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 its obligations their Obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, 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), (b), (c1) and (d2) below, and to have satisfied all its their other obligations Obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Notes 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 of, premium, and interest, if any, or interest and Additional Interest, if any, on such Notes when such payments are due, (b2) the Company’s obligations Obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations Obligations in connection therewith and (d4) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s exercise under Section 8.01 hereof of the option applicable provided under Section 12.01 hereof to defease the outstanding Securities of a particular series under this Section 8.0212.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all such outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by the outstanding NotesSecurities of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 12.05 hereof and the other Sections of this Indenture referred to in clauses (a), (b), (ci) and (dii) belowof this Section 12.02, and to have satisfied all its other obligations under the Notes such Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, Company shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities of such series to receive solely from the trust fund described in Section 8.04 12.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any) and interest, or interest if any, on such Notes Securities when such payments are due, (bii) the Company’s obligations with respect to such Notes Securities under Article 2 Sections 3.06, 3.07, 3.08(a), 3.09, 3.11, and Sections 4.01 and 4.02 12.05 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee’s rights under Section 6.07 hereof, and the Company’s obligations in connection therewith and (d) with this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 Default12. Subject to compliance with this Article 812, the Company may exercise its option under this Section 8.02 12.02 notwithstanding the prior exercise of its option under Section 8.03 hereof12.03 hereof with respect to the Securities of such series.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 9.01 of the option applicable to this Section 8.029.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and related Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 9.05 and the other Sections of this Indenture referred to in clauses (a), (b), (c) and (db) belowof this Section 9.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under this Indenture, the Notes and this Indenture the related Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, 9.04 and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 9.02, the Company’s obligations with respect to such Notes under Article 2 Three and Sections 4.01 and 4.02 hereofSection 5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8Nine. Subject to compliance with this Article Nine, the Company may exercise its option under this Section 9.02 notwithstanding the prior exercise of its option under Section 9.03. If the Company exercises under Section 8.01 hereof the its legal defeasance option applicable pursuant to this Section 8.029.02, subject the Subsidiary Guarantees will terminate with respect to the satisfaction of the conditions set forth in Section 8.04 hereofNotes, and payment of the Notes may not be accelerated pursuant to Section 7.02 because of an Event of Default. Subject to compliance with this Article 8Nine, the Company may exercise its option under (if any) to have this Section 8.02 9.02 applied to any Notes notwithstanding the prior exercise of its option under (if any) to have Section 8.03 hereof9.03 applied to such Notes.
Appears in 1 contract
Samples: Indenture (SM Energy Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding out- standing 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.10 and Sections 4.01 2.12 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Notes, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, ) and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal ofof and interest, premium, if any, or interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 2.03, 2.04, 2.07, 2.10 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the 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 (WHX Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Senior Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Senior 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Senior Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages on such Senior Notes when such payments are due, (b) the Company’s 's obligations with respect to such Senior Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the 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 Company’s Issuer's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiumpremium and Liquidated Damages, if any, or and interest on such Notes when such payments are due, (b) the Company’s Issuer's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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 clauses (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the 57 same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest (including Special Interest, if any) on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 2.03, 2.04, 2.06, 2.07, 2.10 and 4.02 hereof, (c) from the Trustee as set forth in Section 8.04 the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Carters Imagination Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (d) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest and Additional Amounts on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Quebecor Media Inc)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, ; (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Sections 4.01 and Section 4.02 hereof, ; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith; and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the 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 (Inex Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and any Guarantor shall be released from all of its obligations under its Guarantee. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee and any Agent hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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 Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, 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 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 of, premium, if any, or interest interest, if any, on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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: Indenture (ClubCorp Holdings, Inc.)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes of such Series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes 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), (b), (c) and (db) below, and to have satisfied all its of their other obligations under the Notes such Notes, and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, interest and premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such the Notes under Article 2 and Sections Section 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor shall be released and relieved from all of its Obligations under its Note Guarantee. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections or Articles of the Indenture (including this Indenture Supplemental Indenture) referred to in clauses (a), ) through (b), (c) and (de) below, and to have satisfied all its other obligations under the Notes and the Indenture (including this Indenture Supplemental Indenture) with respect to the Notes (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive receive, solely from the trust fund described in Section 8.04 and Section 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s obligations Obligations with respect to such Notes under Article 2 1 and Sections Section 4.01 and 4.02 hereofSection 4.14 hereof and Article II of the Base Indenture, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder under the Indenture (including this Supplemental Indenture) and the Company’s and the Guarantors’ obligations in connection therewith therewith, (d) the optional redemption provisions of this Supplemental Indenture, and (de) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest and Special Interest, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II (other than Section 2.12) and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, 58 59 trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the 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 (Alliance Gaming Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 7.01 of the option applicable to this Section 8.027.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof7.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof 7.05 and the other Sections of this Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof7.04, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith including the Company's obligations under Section 6.07 of the Base Indenture and (d) this Article 87. If the Company exercises under Section 8.01 hereof 7.01 the option applicable to this Section 8.027.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof7.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 87, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 hereof7.03.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 8Section 8.02, the 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 (Desa Holdings Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, 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), (b), (c) and (db) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 II and Sections 4.01 and 4.02 hereofSection 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and hereunder, (d) this Article 8. If the Company exercises under VIII and (e) Section 8.01 hereof the option applicable to this 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 Default3.11. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default with respect to the Notes. Subject to compliance with this Article VIII, the Company may exercise its option (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 8.03 hereofapplied to such Notes.
Appears in 1 contract
Samples: Indenture (Ultra Petroleum Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (RBX Corp)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, 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), (b), (c) and (db) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 II and Sections 4.01 and 4.02 hereofSection 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default with respect to the Notes. Subject to compliance with this Article VIII, the Company may exercise its option (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 8.03 hereofapplied to such Notes.
Appears in 1 contract
Samples: Indenture (Ultra Petroleum Corp)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (d) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, each of the Company and the Guarantors, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged all amounts owed under the outstanding Notes and the Guarantors shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding NotesGuarantees, 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes such Notes, such Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes 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 of, premium, if any, or and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Sections 4.01 and 4.02 Section 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the 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 Company’s 's exercise under Section 8.01 hereof 1201 of the option applicable to this Section 8.021202, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, and any Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Notes 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 Company and any such Subsidiary Guarantor shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Outstanding 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 (a), (b), (ci) and (dii) below, and to have satisfied all its other obligations under the such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Outstanding Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, 1204 and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any, or on) and interest on such Notes when such payments are due, (bii) the Company’s 's obligations with respect to such Notes under Article 2 Sections 304, 305, 310, 1002 and Sections 4.01 and 4.02 hereof1003, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (div) this Article 8Twelve. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereofits Legal Defeasance Option, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8Twelve, the 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 1 contract
Samples: Indenture (Colortyme Inc)
Legal Defeasance and Discharge. Upon the Company’s Issuer's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s Issuer's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection correction therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 DefaultEight. Subject to compliance with this Article 8Eight, the Company 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 (Restaurant Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.05 hereof and the other Sections of this Supplemental Indenture referred to in (a), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Supplemental Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, or and interest and Special Interest, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (Coventry Health Care Inc)
Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes 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 Company shall be deemed to have paid and discharged the entire Debt represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding Notes 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 of, premium, if any, or interest on such Notes when such payments are due, ,
(b) the Company’s obligations with respect to such Notes under Article 2 and Sections 4.01 and 4.02 hereof, 4.02,
(c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and and
(d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the 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 Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt Indebtedness represented by the outstanding 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), (b), (c) and (db) below, and to have satisfied all its other obligations under the such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premiuminterest, premium and Additional or Special Interest, if any, or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Sections 4.01 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's and the Subsidiary Guarantors' obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this 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 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 (St Louis Gaming Co)
Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the its option applicable to have this Section 8.028.2 applied to the outstanding Notes (in whole and not in part), the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding such Notes as provided in this Section 8.2 on and after the date on which the conditions set forth below in Section 8.4 hereof are satisfied (hereinafter, “Legal hereinafter called "Defeasance”"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Debt indebtedness represented by such Notes and the outstanding Notes, which Company and the Guarantors 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), (c) and (d) below, and to have satisfied all its of their other obligations under such Notes, this Indenture, the Notes Guarantees and this Indenture the Collateral Documents (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or discharged hereunder: :
(a) the rights of Holders of outstanding such Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, 8.4 hereof and as more fully set forth in such SectionSection 8.4, payments in respect of the principal of, premiumof and any premium and interest (and Additional Amounts, if any, or interest and Special Interest, if any) on such Notes when such payments are due, and any other amounts due in respect of the Notes,
(b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.6, 2.7, 2.9, 4.2, 4.3 and Sections 4.01 and 4.02 4.4 hereof, ,
(c) the Company's and the Guarantor's obligations with respect to Additional Amounts under Section 4.13 hereof,
(d) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and under this Indenture,
(de) Article III hereof,
(f) this Article 8. If the Company exercises under Section 8.01 hereof the option applicable to this Section 8.02VIII, subject to the satisfaction of the conditions set forth in Section 8.04 and
(g) Article XIII hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under to have this Section 8.02 8.2 applied to the outstanding Notes (in whole or in part) notwithstanding the prior exercise of its option under to have Section 8.03 hereof8.3 hereof applied to such Notes.
Appears in 1 contract
Samples: Indenture (PLD Telekom Inc)
