Common use of Legal Defeasance and Discharge Clause in Contracts

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof and the other Sections of this Indenture referred to in clauses (1) through (4) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium and interest on the Notes when payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s exercise by the Company under Section 8.1 hereof 12.01 of the option applicable to this Section 8.212.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation any and all Obligations with respect to all outstanding Outstanding Notes (including the Guaranteesand any Subsidiary Guarantor will be discharged from any and all Obligations in respect of its Subsidiary Guarantee) on the date which is the 123rd day after the deposit referred to in Section 12.04(a); provided that all of the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Outstanding Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 12.05 hereof and the other Sections of this Indenture referred to in clauses (1i) through and (4ii) belowof this Section 12.02, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1i) the rights of Holders of Outstanding Notes to receive solely from the trust fund described in Section 12.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the such Notes when such payments are due solely out due, (ii) the obligations of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations Company with respect to such Notes under Article II concerning issuing temporary NotesSections 1.06, registration of such Notes2.03, mutilated3.03, destroyed3.04, lost or stolen Notes 3.05, 3.06, 3.12, 4.01, 4.02, 4.03 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 12.05 hereof, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee's rights under Section 7.08 hereof, and the Issuer’s and Guarantors’ obligations of the Company in connection therewith; and (4) therewith and with this Article VIII 12. Subject to compliance with this Article 12, the Company may exercise its option under this Section 12.02 notwithstanding the prior exercise of its option under Section 12.03 hereof with respect to provisions relating to Legal Defeasancethe Notes.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture and the Security Documents, including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments as reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2b) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, any Agent and Noteholder Collateral Agent, and the Issuer’s and Guarantors’ obligations in connection therewith; and (4d) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerPartnership’s exercise under Section 8.1 13.1 hereof of the option applicable to this Section 8.213.2, the Issuer Partnership and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 13.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes Securities (including the Securities Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Partnership and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes Securities (including the Securities Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 13.5 hereof and the other Sections sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such NotesSecurities, the Securities Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerPartnership, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Securities to receive payments in respect of the principal of and any premium and of, or interest on the Notes or premium, if any, on, such Securities when such payments are due solely out of from the trust referred to in Section 8.4 13.4 hereof; (2b) the IssuerPartnership’s obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSection 3.4, registration of such NotesSection 3.5, mutilatedSection 3.6, destroyed, lost or stolen Notes Section 10.2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust10.3 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerPartnership’s and the Guarantors’ obligations in connection therewith; and (4d) this Article VIII Thirteen. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Thirteen, the Partnership may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 10.1 hereof of the option applicable to this Section 8.210.2 with respect to the Outstanding Securities of any series, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Guarantor shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Outstanding Securities as to which this option provided in Section 10.1 is exercised, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Guarantees)such Outstanding Securities, which and this Indenture shall thereafter cease to be of further effect as to all such Outstanding Securities, except as to be deemed to be “outstanding” Outstanding only for the purposes of Section 8.6 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and the Company shall be deemed to have satisfied all other of their other its obligations under such Notes, the Guarantees Outstanding Securities and this Indenture with respect to such Securities (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of Outstanding Securities to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of from the trust referred to described in Section 8.4 hereof; 10.5, (2b) the IssuerCompany’s obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 3.4, registration of such Notes3.5, mutilated3.6, destroyed3.7, lost or stolen Notes 3.8, 3.10, 6.2, 10.5, 10.6 and Section 3.10 hereof concerning the maintenance of an office or agency for payment 10.7 hereof, and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4) . If the Company exercises its option under this Article VIII Section 10.2 with respect to provisions relating to Legal Defeasance.the Outstanding Securities of any series, then payment of the Securities of such series may not be accelerated because of an Event

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees Subsidiary Guarantees, if any, and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Outstanding Notes to receive payments in respect of the principal of and of, or interest or any premium and interest on the on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Subsidiary Guarantors’ ' obligations in connection therewith; and (4) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.5 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the such Notes when such payments are due solely out of due, or on the trust referred to in Section 8.4 hereof; redemption date, as the case may be, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.5, registration of such Notes2.7, mutilated2.8, destroyed2.10, lost or stolen Notes 2.11 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.2, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3 with respect to provisions relating to Legal Defeasancethe Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallCompany will, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been all of its obligations discharged from their obligation with respect to the outstanding Notes, all outstanding of the Mirror Note Issuers' obligations discharged with respect to the Mirror Notes and all obligations of each Guarantor discharged with respect to its Mirror Note Guarantee or Subsidiary Guarantee, as the case may be (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall Company will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the GuaranteesMirror Note Issuers' obligations with respect to the Mirror Notes and all obligations of each Guarantor with respect to its Mirror Note Guarantee or Subsidiary Guarantee, as the case may be), which shall will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees Mirror Notes, Mirror Note Guarantee and Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium and of, or interest or premium, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof8.04; (2) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Subsidiary Guarantors’ ' obligations in connection therewith; and (4) this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the Company’s or the Issuer’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes, the Note Guarantees, this Indenture, the Intercreditor Agreements and the other Security Documents with respect to the Notes, and cause the release of all Liens on the Collateral granted under the Security Documents with respect to the Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)of a series, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Note Guarantees, this Indenture, the Intercreditor Agreements and this Indenture the other Security Documents with respect to the Notes and cause the release of all Liens on the Collateral granted under the Security Documents with respect to the Notes (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and of, or interest or premium, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof8.04; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust set forth in Article II; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ obligations in connection therewith; and (4d) this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Issuer and the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Securities on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section 8.04, payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 2.04, registration of such Notes2.06, mutilated2.07, destroyed2.10 and 4.03, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII 8. 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 with respect to provisions relating to Legal Defeasancethe Securities.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 with respect to a Series of Securities, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Securities of such Series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness debt represented by the outstanding Notes (including the Guarantees)Securities of such Series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under the Securities of such Notes, the Guarantees Series and this Indenture with respect to such Series of Securities (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunderhereunder with respect to such Series of Securities: (1a) the rights of Holders to receive payments in respect of the principal of and any premium and interest on the Notes when payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration the Securities of such NotesSeries under Sections 2.06, mutilated2.07, destroyed2.08, lost or stolen Notes 2.09 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust2.10; (3b) the rights, powers, trusts, duties and immunities of the Trustee of such Series of Securities hereunder and the IssuerCompany’s and Guarantors’ obligations in connection therewiththerewith under Article Two and Article Seven (including, but not limited to, the rights of the Trustee and the duties of the Company under Section 7.07, which shall survive despite the satisfaction in full of all obligations hereunder); and (4c) Sections 8.01, 8.02, 8.05, 8.06 and 8.07. If the Company exercises its option under this Article VIII Section 8.02 with respect to provisions relating one or more Series of Securities, payment of such Series of Securities may not be accelerated. Subject to Legal Defeasancecompliance with this Article Eight, the Company may exercise its option under this Section 8.02 with respect to any Series of Securities notwithstanding the prior exercise of its option under Section 8.03 hereof with respect to any Series of Securities.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Partnership's exercise under Section 8.1 13.1 hereof of the option applicable to this Section 8.213.2, the Issuer Partnership and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 13.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes Securities (including the Securities Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Partnership and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes Securities (including the Securities Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 13.5 hereof and the other Sections sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such NotesSecurities, the Securities Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerPartnership, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Securities to receive payments in respect of the principal of and any premium and of, or interest on the Notes or premium, if any, on, such Securities when such payments are due solely out of from the trust referred to in Section 8.4 13.4 hereof; (2b) the Issuer’s Partnership's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSection 3.4, registration of such NotesSection 3.5, mutilatedSection 3.6, destroyed, lost or stolen Notes Section 10.2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust10.3 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Partnership's and the Guarantors’ ' obligations in connection therewith; and (4d) this Article VIII Thirteen. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Thirteen, the Partnership may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) belowbelow (it being understood that such Notes will not be deemed outstanding for accounting purposes), and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall will execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium of, premium, if any, Additional Amounts and interest on the on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing issue temporary Notes, registration of such register, transfer or exchange any Notes, replace mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of Notes, maintain an office or agency for payment payments in respect of the Notes and money for security segregate and hold such payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) 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 Subsidiary Guarantee. For this purpose, Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a), (b), (c) through and (4d) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any premium and of, premium, if any, or interest or Special Interest, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.06, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2.07 and 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s obligations of the Company and Guarantors’ obligations the Guarantors in connection therewith; and therewith and (4d) this Article VIII 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 respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including Notes, the Guarantees) related Note Guarantees and the Security Documents on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, to have the Liens on the Collateral released and to have satisfied all of their other obligations under such the Notes, the Guarantees and this Indenture and the Security Documents, including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same, in each case, with respect to the Notes) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2b) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such the Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Issuer’s and Guarantors’ obligations in connection therewith; and (4d) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.4, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) and the Collateral Documents with respect to such Series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.5 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Notes Documents (and the Trustee, on written demand of and at the expense of the IssuerIssuers, shall execute proper such instruments reasonably requested by the Issuers acknowledging the same) ), and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof8.4; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof 3.12 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Issuers’ or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Senior Notes (including and the Guarantees) related Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Senior Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such Notes, the Guarantees Senior Notes and this Indenture including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same, in each case, with respect to the Senior Notes) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Senior Notes to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Senior Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2b) the Issuer’s Issuers’ obligations with respect to the Senior Notes under Article II concerning issuing temporary Notes, registration of such the Senior Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Issuer’s and GuarantorsIssuers’ obligations in connection therewith; and (4d) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of their option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the applicable conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the such conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration registrations of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. The Company at its option at any time may exercise under Section 8.1 hereof the option applicable to this Section 8.2 notwithstanding its prior exercise of the option applicable to Section 8.3 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, or interest or premium and interest Liquidated Damages, if any, on the such Notes when such payments are due solely out of from the trust referred to in below; (b) the Company's obligations with respect to such Notes under Article Two and Section 8.4 4.02 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and Guarantors’ each of the Guarantor's obligations in connection therewithherewith; and (4d) this Article VIII Eight. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its Obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)"LEGAL DEFEASANCE") and each Guarantor shall be released from all of its Obligations under its guarantee. For this purpose, Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a), (b) through and (4d) below, and to have satisfied all of their its other obligations Obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any premium and of, premium, if any, or interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s obligations Company's Obligations with respect to such Notes under Article II concerning issuing temporary Notes2 and Sections 4.01 and 4.02 hereof, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder (including under Section 7.07) and the Issuer’s Company's and the Guarantors’ obligations ' Obligations in connection therewith; and therewith and (4d) this Article VIII 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 respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to this Indenture, all outstanding Notes (including the Guarantees) and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that each of the Issuer Issuers and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their its other obligations under such Notes, the Notes and Note Guarantees and this Indenture Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium principal, premium, if any, and interest on the Notes when such payments are due solely out of from the trust funds referred to in Section 8.4 hereof8.04; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Issuer’s and GuarantorsIssuers’ obligations in connection therewith; and (4) this Section 8.02. (b) Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shall(including, for avoidance of doubt, the Parent) will, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1Sections 8.02(1) through (4and 8.02(2) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, premium and interest on the on, if any, or interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option provided in Section 1201 applicable to this Section 8.2Section, the Issuer Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, shall be deemed to have been discharged from their obligation with respect to all outstanding Notes (including obligations under the Guarantees) Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof and the other Sections of this Indenture referred to in clauses (1) through (4) below, Outstanding Securities and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture insofar as such Securities are concerned (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: as to (1i) the rights of Holders to receive payments in respect of the principal of and any premium of, premium, if any, and interest (and Additional Interest, if any) on the Notes such Securities when such payments are due solely out of from the trust referred to in Section 8.4 hereof; funds; (2ii) the IssuerCompany’s obligations with respect to Notes under Article II such Securities concerning issuing temporary NotesSections 304, registration of such Notes305, mutilated306, destroyed, lost or stolen Notes 1002 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 1003; (3iii) the rights, powers, truststrust, duties duties, and immunities of the Trustee Trustee, and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and and (4iv) the Legal Defeasance provisions of this Article VIII Twelve, all of which shall survive until otherwise terminated or discharged hereunder. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Twelve, the Company may exercise its option under this Section 1202 notwithstanding the prior exercise of its option under Section 1203.

Legal Defeasance and Discharge. Upon the Issuer’s Co-Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Co-Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Co-Issuers and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCo-Issuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of due, or on the redemption date, as the case may be from the trust referred to in Section 8.4 8.04 hereof; (2b) the Issuer’s Co-Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Notes Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Notes Guarantees), respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive 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 any premium and principal, interest or premium, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the IssuerCompany’s obligations with respect to such Notes under Article II 2 concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company’s obligations under Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.01, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.08 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions clauses, which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors Subsidiary Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation respective obligations with respect to all outstanding Senior Notes (including the Guarantees) and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors each Subsidiary Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Senior Notes (including the and Subsidiary Guarantees), which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their respective other obligations under such Notes, the Senior Notes and Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for Indenture the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Senior Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the such Senior Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof; 8.04(a); (2) the Issuer’s b)the Company's obligations with respect to such Senior Notes under Article II concerning issuing temporary NotesSections 2.02, registration of such Notes2.03, mutilated2.04, destroyed2.05, lost or stolen Notes 2.06, 2.07, 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee including without limitation thereunder Section 7.07, 8.05 and 8.07 hereof and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) the provisions of this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.4, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.5 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof8.4; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of of, premium, if any, interest and any premium and interest Liquidated Damages, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II 2 concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company's obligations under Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section ‎Section 8.1 hereof of the option applicable to this Section ‎Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section ‎Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 ‎Section 8.5 hereof and the other Sections of this Indenture referred to in clauses (1‎(1) through (4and ‎(2) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section ‎Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article ‎Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 ‎Section 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article ‎Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, or interest or premium, if any, and any premium Additional Amounts that may be due and interest on the payable, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Guarantors’ ' obligations in connection therewith; and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including and the Note Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium and interest on the Notes when such payments are due solely out of from the trust funds referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.13 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 11.01 hereof of the option applicable to this Section 8.211.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation any and all Obligations with respect to all outstanding Notes Securities (including the Guaranteesand any Guarantor will be discharged from any and all Obligations in respect of its Subsidiary Guarantee) on the date which is 84 the 123rd day after the deposit referred to in Section 11.04(a); provided that all of the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 11.05 hereof and the other Sections of this Indenture referred to in clauses (1i) through and (4ii) belowof this Section 11.02, and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1i) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 11.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2ii) the Issuer’s Company's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 2.01, registration of such Notes2.02, mutilated2.05, destroyed2.06, lost or stolen Notes 2.07, 2.08, 2.10, 3.01, 3.02, 3.04 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 11.05 hereof, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee's rights under Section 5.07 hereof, and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and (4) therewith and with this Article VIII Eleven. Subject to compliance with this Article Eleven, the Company may exercise its option under this Section 11.02 notwithstanding the prior exercise of its option under Section 11.03 hereof with respect to provisions relating to Legal Defeasancethe Securities.

Legal Defeasance and Discharge. (a) Upon the IssuerPartnership’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Partnership and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to this Indenture, all outstanding Notes (including the Guarantees) of each series and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors Partnership shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Guarantees)of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through (4) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture Indenture, including that of the Subsidiary Guarantors (and the Trustee, on demand of and at the expense of the IssuerPartnership, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium principal, premium, if any, and interest on the Notes of each series when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2) the IssuerPartnership’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the IssuerPartnership’s and Guarantors’ obligations in connection therewith; and (4) this Section 8.02. (b) Following the Partnership’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. (c) Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Partnership may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the GuaranteesSubsidiary Guarantees and the Parent Guarantee) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the GuaranteesSubsidiary Guarantees and the Parent Guarantee), which shall will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees Subsidiary Guarantees, the Parent Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, or interest or premium and interest Additional Interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s Company's obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust provided under Article 2 and Section 4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Guarantors’ ' obligations in connection therewith; and (4) under the provisions of this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s Co-Issuers’ exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Co-Issuers and each of the Guarantors shallGuarantors, if any, will, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Co-Issuers and the Guarantors shall Guarantors, if any, will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerParent Guarantor, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder:. (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, premium on, if any, and any premium and interest on the interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof8.04; (2) the Issuer’s Co-Issuers’ obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.06, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2.07 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee under this Indenture, and the Issuer’s Co-Issuers’ and the Guarantors’ ’, if any, obligations in connection therewiththerewith (including without limitation, those contained in Article 7); and (4) this Article VIII 8. Subject to compliance with respect this Article 8, the Co-Issuers may exercise its option under this Section 8.02 notwithstanding the prior exercise of their option under Section 8.03. Notwithstanding anything to provisions relating to the contrary contained herein, the Co-Issuer’s and the Guarantors’ obligations under Section 7.06 shall survive a Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Senior Subordinated Notes (including the Guarantees) and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors each Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Senior Subordinated Notes (including the and Subsidiary Guarantees), which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Senior Subordinated Notes and Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Senior Subordinated Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Liquidated Damages on the such Senior Subordinated Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Senior Subordinated Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.13 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) ), and all Liens on the Collateral securing the Notes shall be released and terminated, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, premium and on, if any, or interest on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof8.04; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trusttrust under Article 2 and Section 4.02; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, or interest or premium, if any, and any premium Additional Amounts that may be due and interest on the payable, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2b) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.Section

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Issuers’ or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)"LEGAL DEFEASANCE") and each Subsidiary Guarantor shall be released from all of its obligations under its Subsidiary Guarantee. For this purpose, Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a), (b) through and (4d) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of of, premium, if any, or interest and any premium and interest Additional Amounts on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes2 and Sections 4.01 and 4.02 hereof, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's obligations and Guarantors’ obligations the Subsidiary Guarantor's in connection therewith; and therewith and (4d) this Article VIII 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 respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Securities on the date the all conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.04, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith (4including, but not limited to, Section 7.07) and (d) this Article VIII VIII. Subject to compliance with this Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to provisions relating to Legal Defeasancethe Securities.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to the Security Documents, the Intercreditor Agreement and all outstanding Notes (including the Guarantees) and Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees and this Indenture including that of the Subsidiary Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) ), the Security Documents and to have cured all then existing Events of Defaultthe Intercreditor Agreement, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof; (2b) the IssuerCompany’s obligations with respect to Notes issued under Article II this Indenture concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and Collateral Agent, and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance8.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest and Liquidated Damages, if any, on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.05, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII Eight. Subject to compliance with this Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to provisions relating to Legal Defeasancethe Notes.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including and Guarantees and have the Guarantees) Liens on the Collateral granted by the Security Documents released on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture and the Security Documents, including the obligations of the Guarantors (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper such instruments as reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2b) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, any Agent and Collateral Trustee, and the Issuer’s and Guarantors’ obligations in connection therewith; and (4d) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCollateral Agent and the Company’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under the Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.13 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Collateral Agent and the Issuer’s and or Guarantors’ obligations in connection therewith; and; (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and; (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 with respect to Notes of any series, the Issuer Company and each of the Guarantors shallGuarantor will, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Note Guarantees) of such series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees)) of such series, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their its other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of such series to receive payments in respect of the principal of and any premium and of, or interest on the (including Special Interest, if any) or premium, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and Guarantors’ each Guarantor’s obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 with respect to provisions relating any series of Notes notwithstanding the prior exercise of its option under Section 8.03 hereof with respect to Legal Defeasancesuch series.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding EchoStar New Notes (including the Guarantees) and Notes Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding EchoStar New Notes (including and the Notes Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this EchoStar New Notes Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such EchoStar New Notes, the Notes Guarantees and this EchoStar New Notes Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding EchoStar New Notes to receive payments in respect of the principal of and any of, or interest or premium and interest on the if any, on, such EchoStar New Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the EchoStar New Notes under Article II concerning issuing temporary NotesSection 2.03, registration of such NotesSection 2.04, mutilatedSection 2.06, destroyedSection 2.07, lost or stolen Notes Section 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4) this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money presentation or surrender of the Notes for security payments held in trustpayment; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and; (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.04 hereof are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this the Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, or interest or premium, if any, and any premium and interest on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and under the Base Indenture, and the Issuer’s Company's and the Guarantors’ ' obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Subsidiary Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, or interest or premium and interest Liquidated Damages, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof;8.04, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Two and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust;4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; herewith, and (4d) this Article VIII Eight. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth below in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and of, premium, if any, or interest on the on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers' exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Issuers and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) and Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that each of the Issuer and the Guarantors Issuers shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.6 8.05 hereof and the other Sections of this the Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such NotesNotes and the Indenture, and each of the Guarantees and this Indenture Subsidiary Guarantors shall be deemed to have discharged its obligations under its Guarantee (and the Trustee, on demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of of, premium on, if any, interest and any premium and interest Additional Interest, if any, on the such Notes when such payments are due solely out (but not the Change of Control Payment or the trust referred payment pursuant to in Section 8.4 hereof;an Asset Sale Offer), (2b) the Issuer’s Issuers' obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.07, registration 2.08, 2.09 and 4.02 of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust;Original Indenture, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Issuers' obligations in connection therewith; , (d) this Article VIII, and (4e) this Article VIII with respect to provisions relating to Legal Defeasancethe Issuers' rights of optional redemption under Section 4.01 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, the Company shall be deemed to have been discharged from their obligation all of its obligations with respect to all outstanding Notes (including and this Indenture and the Guarantees) Guarantor shall be deemed to have been discharged from its obligations with respect to its Parent Guarantee as it relates to the Notes and this Indenture on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof and the other Sections of this Indenture referred to in clauses (1) through (4) below8.05 hereof, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for ); provided that the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on on, or Additional Interest, if any, with respect to the Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof; clause (2b); (b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; ; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the IssuerCompany’s and Guarantors’ the Guarantor’s obligations in connection therewith; and and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) belowbelow (it being understood that such Notes will not be deemed outstanding for accounting purposes), and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall will execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, premium and interest on the on, if any, or interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Issuer’s and the Guarantors’ obligations in connection therewith; and (4) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 9.1 of the option applicable to this Section 8.29.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Securities on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Guarantees)Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 9.5 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 9.4, and as more fully set forth in such section, payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 2.4, registration of such Notes2.6, mutilated2.7, destroyed2.10 and 5.2, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ obligations Company's obligation in connection therewith; and therewith and (4d) this Article VIII IX. Subject to compliance with this Article IX, the Company may exercise its option under this Section 9.2 notwithstanding the prior exercise of its option under Section 9.3 with respect to provisions relating to Legal Defeasance.the Securities. 36

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 7.01 hereof of the option applicable to this Section 8.27.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 7.04 hereof, be deemed to have been discharged from their obligation obligations with respect to the Indenture and all outstanding Notes of a series (including the GuaranteesNote Guarantees of such series) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes of such series (including the GuaranteesNote Guarantees of such series), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 7.05 hereof and the other Sections of this Supplemental Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the related Note Guarantees and this the Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of such series to receive payments in respect of the principal of and any of, premium and on, if any, or interest on the on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereofbelow; (2) the IssuerCompany’s obligations with respect to the Notes under Article II of such series concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee under the Indenture, and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 7. Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 7, the Company may exercise its option under this Section 7.02 notwithstanding the prior exercise of its option under Section 7.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuer’s Co-Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Co-Issuers and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors Co-Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1this Section 8.02(a) through (4) belowand Section 8.02(b), and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture including that of the Guarantors (and the Trustee, on demand of and at the expense of the IssuerCo-Issuers, shall execute proper such instruments reasonably requested by the Co-Issuers acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Notes to receive payments in respect of the interest, principal of and any premium and interest premium, if any, on the Notes when such payments are due solely out of the trust created pursuant to this Indenture referred to in Section 8.4 8.04 hereof; (2ii) the Issuer’s Co-Issuers’ obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3iii) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the Issuer’s and GuarantorsCo-Issuers’ obligations in connection therewith; and (4iv) this Article VIII 8. (b) Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 8, the Co-Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on reasonable demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of and any of, premium and on, if any, or interest on the on, such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the IssuerCompany’s obligations with respect to such Notes under Article II Two hereof concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company’s obligations under Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and therewith and (4d) this Article VIII Eight. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.4, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.5 and the other Sections of this Indenture referred to in clauses Sections 8.2(1) and (1) through (4) below2), and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof8.4; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including and the Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Company may exercise their option under Section 8.2 notwithstanding the prior exercise of its option under Section 8.3 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, with respect to Notes of any Series, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes of such Series (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes of such Series (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of such Series to receive payments in respect of the principal of and any premium and of, or interest on the or premium, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article ARTICLE II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder, and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) the provisions of this Article VIII ARTICLE VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis ARTICLE VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive 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 any of, or interest or premium and interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II 2 concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company's obligations under Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and Guarantors’ the Guarantor's obligations in connection therewith; and therewith and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Outstanding Notes (including and all obligations of the Issuer and the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees) , as applicable, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Outstanding Notes (including the Guarantees), ) which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through (4) belowIndenture, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunderdischarged: (1) the rights of Holders of Outstanding Notes to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ the Guarantor’s obligations in connection therewith; and (4) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the IssuerCompany, shall execute proper such instruments reasonably requested by the Company acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.11 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee and the IssuerCompany’s and or Guarantors’ obligations in connection therewith; and (4d) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and Guarantors’ obligations in connection therewith; and; (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shall(if any) will, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the GuaranteesNote Guarantees if any) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall (if any) will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees, if any), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees (if any) and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders to receive payments in respect of the principal of and any premium and of, or interest on the or premium, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereofbelow; (2b) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3c) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the IssuerCompany’s and the Guarantors’ obligations (if any) in connection therewith; and (4d) the Legal Defeasance and Covenant Defeasance provisions of this Indenture. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, with respect to Notes of any Series, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes of such Series (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes of such Series (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of such Series to receive payments in respect of the principal of and any premium and of, or interest on the or premium, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder, and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) the provisions of this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such the Notes, the Guarantees and Subsidiary Guarantees, this Indenture and the Note Security Documents (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and of, or interest or premium, if any, on the Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and the Notes Collateral Agent hereunder and the Issuer’s and the Guarantors’ obligations Obligations in connection therewith; and (4) this Article VIII 8. (b) Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth below in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of of, or interest or premium, if any, and any premium and interest on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder, and the IssuerCompany’s and the Subsidiary Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. (a) Upon the Issuer’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such the Notes, the Guarantees and Subsidiary Guarantees, this Indenture and the Note Security Documents (and the Trustee, on demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and of, or interest or premium, if any, on the Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and the Guarantors’ obligations Obligations in connection therewith; and (4) this Article VIII 8. (b) Subject to compliance with respect to provisions relating to Legal Defeasancethis Article 8, the Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. (a) Upon the IssuerCompany’s exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.04, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) and Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1) through and (42) belowof this Section 8.02(a), and their Note Guarantees, as applicable, and to have satisfied all of their other obligations under such the Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium principal, premium, if any, and interest on the Notes when such payments are due due, solely out of the trust created pursuant to this Indenture referred to in Section 8.4 hereof8.04; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security Note payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee Trustee, and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4) this Section 8.02. (b) Following the Company’s exercise of its Legal Defeasance option, payment of the Notes may not be accelerated because of an Event of Default and the Guarantees in effect at such time shall terminate as provided in Section 10.06. (c) Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) ), and have all Liens on the Collateral securing the Notes released, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, premium and interest on the on, if any, or interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.01, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.08 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions clauses, which shall survive until otherwise terminated or discharged hereunder: : (1a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of of, premium and any premium Liquidated Damages, if any, and interest on the such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith and (4d) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof8.4, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below in Section 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 8.5 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof8.4; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof 3.11 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance. Subject to compliance with this Section 8.2, the Issuer may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.5 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of and any premium of, premium, if any, and interest and Additional Interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof; (2) the Issuer’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 3.12 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article VIII with respect to provisions relating to Legal Defeasance.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 1201 of the option applicable to this Section 8.21202, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Outstanding Notes (including the Guarantees) and each Guarantor shall be deemed to have been discharged from its obligations with respect to its Guarantee on the date the conditions set forth below in Section 1204 are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Issuer Company and the Guarantors any such Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Outstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.6 hereof 1205 and the other Sections of this Indenture referred to in clauses (1A) through and (4B) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense and upon the written request of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: : (1A) the rights of Holders of Outstanding Notes to receive payments in respect of the principal of of, premium, if any, interest and any premium and interest Liquidated Damages, if any, on the such Notes when such payments are due due, solely out of from the trust referred to fund described in Section 8.4 hereof; 1204 and as more fully set forth in such Section, (2B) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 304, registration of such Notes305, mutilated310, destroyed1002 and 1003, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and , including without limitation under Article six hereof, and (4D) this Article VIII Twelve. Subject to compliance with this Article Twelve, the Company may exercise its option under this Section 1202 notwithstanding the prior exercise of its option under Section 1203 with respect to provisions relating to Legal Defeasancethe Notes.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 hereof 1601 of the option applicable to this Section 8.21602, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof1604, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof 1605 and the other Sections of this Supplemental Indenture referred to in clauses (1), (2), (3) through and (4) below, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this the Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 1605, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the on, such Notes when such payments are due solely out of the trust referred to in Section 8.4 hereofdue; (2) the IssuerCompany’s obligations with respect to such Notes under Article II Four concerning issuing temporary Notes, registration of such Notes, Notes and mutilated, destroyed, lost or stolen Notes and the Company’s obligations under Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust1102; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Guarantors’ obligations in connection therewith; and (4) this Article VIII Sixteen. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Sixteen, the Company may exercise its option under this Section 1602 notwithstanding the prior exercise of its option under Section 1603.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Note Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Note Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, on the 91st day after the deposit specified in clause (1) of Section 8.04 hereof, and to have satisfied all of their other obligations under such Notes, the Note Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and of, or interest on the or premium, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and the Note Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with respect to provisions relating to Legal Defeasancethis 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.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors Company shall, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including and all obligations of the Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the and Note Guarantees), respectively, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any of, or interest or premium and interest Additional Interest, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof;below, (2b) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes Two and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust;4.02 hereof, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Guarantors’ ' obligations in connection therewith; herewith, and (4d) this Article VIII Eight. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Issuers’ exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02 with respect to a series of Notes, the Issuer Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes of that series (including the related Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Issuers and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes of that series (including the related Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through (4) below, and to have satisfied all of their other obligations under such Notes, the related Note Guarantees and this Indenture (and the Trustee, on the demand of and at the expense of the IssuerIssuers, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions provisions, which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes of that series to receive payments in respect of the principal of and any of, or interest or premium and interest on the Additional Interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the Issuer’s Issuers’ obligations with respect to the Notes under Article II of that series concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties and immunities of the Trustee and the Issuer’s Issuers’ and the Guarantors’ obligations in connection therewith; and (4) this Article VIII 8. Subject to compliance with this Article 8, the Issuers may exercise their option under this Section 8.02 notwithstanding the prior exercise of their option under Section 8.03 hereof with respect to provisions relating that series. For the avoidance of doubt, it is understood that the Issuers may discharge their obligations with respect to Legal Defeasanceone series of Notes without discharging their obligations with respect to any other series of Notes.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.03 of the option applicable to this Section 8.28.04, the Issuer and each of the Guarantors shallCompany will, subject to the -55- satisfaction of the conditions set forth in Section 8.4 hereof8.06, be deemed to have been all of its obligations discharged from their obligation with respect to the outstanding Notes, all outstanding of the Mirror Note Issuers' obligations discharged with respect to the Mirror Notes and all obligations of each Guarantor discharged with respect to its Mirror Note Guarantee or Subsidiary Guarantee, as the case may be (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall Company will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the GuaranteesMirror Note Issuers' obligations with respect to the Mirror Notes and all obligations of each Guarantor with respect to its Mirror Note Guarantee or Subsidiary Guarantee, as the case may be), which shall will thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.07 and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees Mirror Notes, Mirror Note Guarantee and Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders to receive payments in respect of the principal of and any premium and of, or interest or premium, if any, on the such Notes when such payments are due solely out of from the trust referred to in Section 8.4 hereof8.06; (2) the Issuer’s Company's obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.4, registration 2.5, 2.8 and 2.11 of such Notes, mutilated, destroyed, lost or stolen Notes the Base Indenture and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.01; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s Company's and the Subsidiary Guarantors’ ' obligations in connection therewith; and (4) this Article VIII VIII. Subject to compliance with respect to provisions relating to Legal Defeasancethis Article VIII, the Company may exercise its option under this Section 8.04 notwithstanding the prior exercise of its option under Section 8.05.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Note Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including and the Guarantees) Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall Company will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Notes, which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Notes and this Indenture Indenture, including that the Note Guarantors (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same, including the release of the Collateral) and to have cured all then existing Events the other Financing Documents as they apply for the benefit of Defaultthe Holders, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium and interest on the of, Make-Whole Amounts, if any, or interest, if any, on, such Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to such Notes under Article II concerning issuing temporary NotesSections 2.07, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2.09 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4) this Section 8.02. Subject to compliance with this Article VIII with respect to provisions relating to Legal Defeasance8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Legal Defeasance and Discharge. Upon the Issuer’s Company's exercise under Section 8.1 hereof 8.01 of the option applicable to this Section 8.28.02, the Issuer and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, Company shall be deemed to have been discharged from their obligation its obligations with respect to all outstanding Notes (including the Guarantees) Securities on the date the all conditions set forth below are satisfied (hereinafter, “"Legal Defeasance”"). For this purpose, such Legal Defeasance means that the Issuer and the Guarantors Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees)Securities, which shall thereafter be deemed to be “"outstanding” " only for the purposes of Section 8.6 hereof 8.05 and the other Sections of this Indenture referred to in clauses (1a) through and (4b) below, and to have satisfied all of their its other obligations under such Notes, the Guarantees Securities and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in Section 8.04, and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes such Securities when such payments are due solely out of the trust referred to in Section 8.4 hereof; due, (2b) the Issuer’s Company's obligations with respect to Notes such Securities under Article II concerning issuing temporary NotesSections 2.03, registration of such Notes2.04, mutilated2.06, destroyed2.07, lost or stolen Notes 2.10 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust; 4.04, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuer’s and Guarantors’ Company's obligations in connection therewith; and therewith (4including, but not limited to, Section 7.07) and (d) this Article VIII VIII. Subject to compliance with this Article VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 with respect to provisions relating to Legal Defeasancethe Securities.

Legal Defeasance and Discharge. Upon the IssuerCompany’s exercise under Section 8.1 8.01 hereof of the option applicable to this Section 8.28.02, the Issuer Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 8.04 hereof, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 8.05 hereof and the other Sections of this Indenture referred to in clauses (1) through and (42) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture (and the Trustee, on demand of and at the expense of the IssuerCompany, shall execute proper instruments acknowledging the same) and to have cured all then existing Events of Default), except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of outstanding Notes to receive payments in respect of the principal of and any premium of, premium, if any, and interest on the Notes when such payments are due solely out of from the trust referred to in Section 8.4 8.04 hereof; (2) the IssuerCompany’s obligations with respect to the Notes under Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes 2 and Section 3.10 hereof concerning the maintenance of an office or agency for payment and money for security payments held in trust4.02 hereof; (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the IssuerCompany’s and Guarantors’ obligations in connection therewith; and (4) this Article VIII 8 with respect to provisions relating to Legal Defeasance. 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.

Legal Defeasance and Discharge. Upon the Issuer’s exercise under Section ‎Section 8.1 hereof of the option applicable to this Section ‎Section 8.2, the Issuer and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.4 hereof‎Section 8.4, be deemed to have been discharged from their obligation obligations with respect to all outstanding Notes (including the Note Guarantees) on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Issuer and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Note Guarantees), which shall will thereafter be deemed to be “outstanding” only for the purposes of Section 8.6 hereof ‎Section 8.5 and the other Sections of this Indenture referred to in clauses (1Sections ‎8.2(1) through (4and ‎8.2(2) below, and to have satisfied all of their other obligations under such Notes, the Guarantees and this Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Issuer, shall execute proper such instruments reasonably requested by the Issuer acknowledging the same) and to have cured all then existing Events of Default, except for the following provisions which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Notes issued under this Indenture to receive payments in respect of the principal of of, premium, if any, and any premium and interest interest, if any, on the Notes when such payments are due solely out of the trust referred to in Section 8.4 hereof‎Section 8.4; (2) the Issuer’s obligations with respect to the Notes under Article ‎Article II concerning issuing temporary Notes, registration of such Notes, mutilated, destroyed, lost or stolen Notes and Section 3.10 hereof ‎Section 3.12 concerning the maintenance of an office or agency for payment and money for security payments held in trust; (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee and the Issuer’s and or Guarantors’ obligations in connection therewith; and (4) this Article ‎Article VIII with respect to provisions relating to Legal Defeasance.