Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 5 contracts
Samples: Indenture (Annuity & Life Re Holdings LTD), Kulicke and Soffa (Kulicke & Soffa Industries Inc), Indenture (Annuity & Life Re Holdings LTD)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 II and Section 4.02 Sections 3.1 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 5 contracts
Samples: Indenture (Ross Stores Inc), Indenture (Ross Stores Inc), Indenture (General Finance CORP)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable provided under Section 12.01 hereof to defease the outstanding Securities of a particular series under this Section 8.02 relating to one or more series of Securities12.02, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, and any Guarantors shall be deemed to have been discharged from its obligations with respect to all such outstanding Securities of such series and related Guarantees on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 12.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 12.02, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, Company shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities of the applicable such series to receive solely from the trust fund described in Section 8.04 12.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any, ) and interest, if any, on such Securities when such payments are due, (bii) the Company's obligations of the Company or any Guarantor with respect to such Securities under Article 2 Sections 3.06, 3.07, 3.08(a), 3.09, 3.11, and Section 4.02 12.05 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.07 hereof, and the Company's obligations of the Company or any Guarantor in connection therewith and (d) with this Article 812. Subject to compliance with this Article 812, the Company may exercise its option under this Section 8.02 12.02 notwithstanding the prior exercise of its option under Section 8.03 hereof12.03 hereof with respect to the Securities of such series.
Appears in 5 contracts
Samples: Indenture (Axsome Therapeutics, Inc.), Indenture (Axsome Therapeutics, Inc.), Indenture (Lion Biotechnologies, Inc.)
Legal Defeasance and Discharge. Upon the Company's Issuer’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company Issuer and any Guarantor shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company Issuer and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable a series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, premium and interest, interest on such Securities when such payments are due, (b) the Company's Issuer’s obligations with respect to such Securities under Article 2 and Section 4.02 4.03 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's Issuer’s or any Guarantors’ obligations in connection therewith and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company Issuer may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 4 contracts
Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes of Texas Holding, Inc.), Indenture (Mobile Mini Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable a series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, premium and interest, interest on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s or any Guarantors’ obligations in connection therewith and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 4 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.), Indenture (TTM Technologies Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable (if any) to have this Section 8.02 relating applied to one or more series any Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Defeased 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesDefeased Securities, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Defeased Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Defeased Securities of the applicable series to receive solely from the trust fund described in under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Defeased Securities when such payments are due, (b) the Company's ’s obligations with respect to such Defeased Securities under Article 2 and Section 4.02 4.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and (d) this Article 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 hereof.
Appears in 4 contracts
Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Omnicare Inc), Lifepoint Health, Inc.
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance")”) and each Guarantor, if applicable, shall be released and relieved from all of its Obligations under its Security Guarantee with respect to such series. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 II and Section 4.02 Sections 3.1 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s and any Guarantors’ obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 4 contracts
Samples: Indenture (Keurig Dr Pepper Inc.), Indenture (Dr Pepper/Seven Up Beverage Sales Co), Indenture (Dr Pepper Snapple Group, Inc.)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable a series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder, hereunder and the Company's ’s or any Guarantors’ obligations in connection therewith therewith, and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 3 contracts
Samples: Indenture (TTM Technologies Inc), Indenture (Roadrunner Transportation Systems, Inc.), Indenture (Marinemax Inc)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shall, upon and the satisfaction of the conditions set forth in Section 8.04 hereof, Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the and this Indenture shall cease to be of further effect as to all outstanding Securities of the applicable seriesand Guarantees, which shall thereafter except as to be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company and the Guarantors shall be deemed to have satisfied all other of its other their respective obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest (and Liquidated Damages, if any) on such Securities when such payments are duedue from the trust described in Section 8.5, (b) the Company's obligations with respect to such Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10, 4.2, 8.5, 8.6 and Section 4.02 hereof, 8.7 hereof and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8therewith. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 hereof with respect to the Securities.
Appears in 3 contracts
Samples: Tia Indenture (Wichita Manufacturing Inc), Compass Aerospace LTD, Doskocil Manufacturing Co Inc
Legal Defeasance and Discharge. Upon Subject to Section 3.01(15), upon the Company's ’s exercise under Section 8.01 hereof of the its option applicable (if any) to have this Section 8.02 relating applied to one or more any series of Securities, the Company shall, upon the satisfaction and each Guarantor in respect of the conditions set forth in Section 8.04 hereof, Securities of such series shall be deemed to have been discharged from its obligations with respect to all outstanding such Securities of such series and the corresponding Guarantees as provided in this Section on and after the date the conditions set forth below in Section 13.04 are satisfied (hereinafter, "hereinafter called “Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company and each such Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding such Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, corresponding Guarantees and to have satisfied all of its their other obligations under such Securities and the Securities of the applicable series corresponding Guarantees and under the provisions of this Indenture applicable to insofar as such series Securities and the corresponding Guarantees are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding such Securities of the applicable series to receive receive, solely from the trust fund described in Section 8.04 hereof, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and interest, any premium and interest on such Securities when such payments are due, (b2) the Company's ’s obligations with respect to such Securities under Article 2 Sections 3.04, 3.05, 3.06, 10.02 and Section 4.02 hereof10.03, (c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith hereunder and (d4) this Article 8Article. Subject to compliance with this Article 8Article, the Company may exercise its option under (if any) to have this Section 8.02 applied to any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 8.03 hereof13.03 applied to such Securities.
Appears in 3 contracts
Samples: Indenture (CNH Industrial Capital LLC), New Holland Credit Company, LLC, CNH Industrial Capital LLC
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 II and Section 4.02 Sections 3.1 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 3 contracts
Samples: Indenture (Cowen Group, Inc.), Indenture (Cowen Group, Inc.), Cowen Group, Inc.
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable (if any) to have this Section 8.02 relating applied to one or more series any Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Defeased 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesDefeased Securities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Defeased Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Defeased Securities of the applicable series to receive solely from the trust fund described in under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Defeased Securities when such payments are due, (b) the Company's obligations with respect to such Defeased Securities under Article 2 and Section 4.02 4.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations in connection therewith and (d) this Article 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 hereof.
Appears in 3 contracts
Samples: Indenture (NCS of Illinois Inc), Indenture (NCS of Illinois Inc), Ail Technologies Inc
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 402 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities403, the Company and the Guarantors shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 405 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Outstanding Securities of such a series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Outstanding Securities of the applicable a series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 406 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Securities of the applicable any series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, on such Securities when such payments are duedue from the trust referred to in Section 405, (b) the Company's ’s obligations with respect to such Securities under Article 2 Sections 304, 305, 306 and Section 4.02 hereof1002 of this Indenture, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and (d) this Article 8IV. Subject to compliance with this Article 8Sections 402 through 406 hereof, the Company may exercise its option under this Section 8.02 403 notwithstanding the prior exercise of its option under Section 8.03 404 hereof.
Appears in 3 contracts
Samples: Indenture (Iveda Solutions, Inc.), Esports Entertainment (Esports Entertainment Group, Inc.), Indenture (Creatd, Inc.)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to have this Section 8.02 relating applied to one or more series of Securitiesthe Notes, the Company and each of the Guarantors shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Defeased 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 Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesDefeased Securities, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Defeased Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Defeased Securities of the applicable series to receive solely from the trust fund described in under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Special Interest, if any, on such Defeased Securities when such payments are due, (b) the Company's ’s obligations with respect to such Defeased Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s and the Guarantors’ obligations in connection therewith and (d) this Article 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 hereof.
Appears in 3 contracts
Samples: Indenture (Lifepoint Health, Inc.), Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the by, and this Indenture shall cease to be of further effect as to, all outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and the Company shall be deemed to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, due from the trust funds described below; (b) the Company's obligations with respect to such Securities under Article 2 concerning issuing temporary Securities, registration of Securities, mutilated, destroyed, lost or stolen Securities, and Section 4.02 hereof, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, truststrust, duties duties, and immunities of the Trustee hereunderTrustee, and the Company's obligations in connection therewith therewith; and (d) this Article 8VIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (World Color Press Inc /De/), World Color Press Inc /De/
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" “Outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's ’s obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's ’s obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Kulicke and Soffa (Kulicke & Soffa Industries Inc), Kulicke and Soffa (Kulicke & Soffa Industries Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Securities of such series on the date the such conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 and Section 8.05 hereof, and as more fully set forth in such SectionSections, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, ; (b) the Company's ’s obligations with respect to such Securities under Article 2 II and Section 4.02 3.01 hereof, ; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith; (d) the optional redemption provisions, if any, with respect to such Securities; and (e) this Article 8VIII. 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 Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Senior Indenture (Fossil Group, Inc.), Fossil Group, Inc.
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 and Section 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 II and Section 4.02 3.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities and (e) this Article 8VIII. 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 Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Senior Indenture (Ingersoll Rand Inc.), Ingersoll Rand Inc.
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 hereof8.4 and Section 8.5, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 II and Section 4.02 hereof3.1, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. If the Company exercises under Section 8.1 the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.
Appears in 2 contracts
Samples: Indenture (Computer Sciences Corp), Computer Sciences Corp
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable a series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, premium and interest, interest on such Securities when such payments are due, (b) the Company's obligations with respect to such Securities Notes under Article 2 and Section 4.02 4.03 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's or any Guarantors' obligations in connection therewith and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 2 contracts
Samples: Indenture (Entercom Communications Corp), Entercom Radio LLC
Legal Defeasance and Discharge. Upon The Issuers may at their option, within one year of the Company's final Stated Maturity of the Securities and upon the Issuers' exercise under Section 8.01 hereof 9.1 of the option applicable to this Section 8.02 relating 9.2, elect to one or more series of Securities, have their obligations and the Company shall, upon the satisfaction obligations of the conditions set forth in Section 8.04 hereof, be deemed to have been Guarantors discharged from its obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 9.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its their, and the Guarantors', other obligations under such Securities and this Indenture and the Mortgage Documents (insofar as they relate to the Securities or the Guaranties) and the Liens of the applicable series Collateral Agent thereunder shall be deemed to have been paid and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same)discharged, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof9.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interestinterest (and Liquidated Damages, if any) on such Securities when such payments are due, (b) the Company's Issuers' obligations with respect to such Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10 and Section 4.02 hereof5.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's Issuers' obligations in connection therewith and (d) this Article 8IX. Subject to compliance with this Article 8IX, the Company Issuers may exercise its their option under this Section 8.02 9.2 notwithstanding the prior exercise of its option under Section 8.03 hereof9.3 with respect to the Securities.
Appears in 2 contracts
Samples: Indenture (Trump Atlantic City Funding Iii Inc), Indenture (Trump Communications LLC)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 11.01 of the option applicable to this Section 8.02 relating 11.02 as to one the outstanding Securities of all Series or more series of Securitiesany Series, the Company Company, as applicable, shall, upon subject to the satisfaction of the applicable conditions set forth in Section 8.04 hereof11.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series as to which the option provided in Section 11.01 is exercised, on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the such outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 11.05, Section 11.09 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof11.04, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Interest, if any, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 Three and Section 4.02 hereof5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and (d) this Article 8Eleven. Subject to compliance with this Article 8Eleven, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 hereof11.03.
Appears in 2 contracts
Samples: Wal Mart Stores Inc, Wal Mart Stores Inc
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance")”) and each Guarantor, if applicable, shall be released and relieved from all of its Obligations under its Securities Guarantee with respect to such series. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 and Section 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 II and Section 4.02 3.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s and any Guarantors’ obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. 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 Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Senior Indenture (Flowserve Corp), Senior Indenture (Flowserve Holdings Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable a series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder, hereunder and the Company's ’s or any Guarantors’ obligations in connection therewith therewith, and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.
Appears in 2 contracts
Samples: Carbonite Inc, Carbonite Inc
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more any series of SecuritiesNotes, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Outstanding Notes of such each affected series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities Outstanding Notes of the applicable seriessuch series of Notes, which shall thereafter be deemed to be "outstanding" Outstanding only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all of its other obligations under the Securities such series of the applicable series Notes and under the provisions of this Indenture applicable with respect to such series of Notes (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments delivered to it by the Company acknowledging the same), except for the following provisions which shall survive with respect to each such series of Notes until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Outstanding Notes of the applicable such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities Notes when such payments are due, due from the trust referred to below; (b) the Company's ’s obligations with respect to the Notes of such Securities under Article 2 series concerning mutilated, destroyed, lost or stolen Notes and Section 4.02 hereof, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, and the Company's ’s obligations in connection therewith therewith; and (d) the Legal Defeasance provisions of this Article 8Indenture. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 with respect to any series of Notes notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Eastman Chemical Co, Eastman Chemical Co
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.02 relating 8.03 with respect to one or more a series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series on the date the all conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company and any Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesseries and any Guarantees thereof, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 8.06 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.03, and to have satisfied all of its their other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive such satisfaction and discharge until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable such series to receive solely from the trust fund described in Section 8.04 hereof8.06, and as more fully set forth in such Section, payments in respect of the principal of, premiumand any premium and interest on, if any, and interest, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 Sections 2.06, 2.09, 2.10, 2.12 and Section 4.02 hereof4.04, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 hereof8.04 with respect to the Securities of a series.
Appears in 2 contracts
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstandingOUTSTANDING" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations Obligations with respect to such Securities under Article 2 and Section 4.02 hereofhereof and with respect to the payment of Additional Sums, if any, on such Securities as contemplated by Section 4.09, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Harleysville Group Inc, Rli Corp
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations Obligations with respect to such Securities under Article 2 and Section 4.02 hereofhereof and with respect to the payment of Additional Interest, if any, on such Securities as contemplated by Section 4.09, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Pennsylvania Real Estate Investment Trust, Pennsylvania Real Estate Investment Trust
Legal Defeasance and Discharge. Upon the Company's exercise ------------------------------ under Section 8.01 hereof SECTION 15.01 of the option applicable to this Section 8.02 relating to one or more series of SecuritiesSECTION 15.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereofSECTION 15.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such a series on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable such series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof SECTION 15.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable such series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable such series to receive solely from the trust fund described in Section 8.04 hereofSECTION 15.04, and as more fully set forth in such Section, payments in respect of the principal of, of or interest or premium, if any, and interest, on such Securities of such series when such payments are duedue from the trust referred to below, (b) the Company's obligations with respect to such Securities of such series under Article 2 ARTICLE II and Section 4.02 hereofSECTION 4.02, (c) the rightsrights (including the rights of the Trustee under Section 7.06), powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations in connection therewith and (d) this Article 8XV. Subject to compliance with this Article 8XV, the Company may exercise its option under this Section 8.02 SECTION 15.02 notwithstanding the prior exercise of its option under Section 8.03 hereofSECTION 15.03.
Appears in 2 contracts
Samples: Indenture (DPL Inc), Indenture (DPL Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 and Section 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 II and Section 4.02 3.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. 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 Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 2 contracts
Samples: Indenture (Harman International Industries Inc /De/), Indenture (Harman International Industries Inc /De/)
Legal Defeasance and Discharge. Upon the Company's Issuers’ exercise under Section 8.01 hereof of the option applicable provided in Section 13.01 to have this Section 8.02 relating 13.02 applied to one or more series the Outstanding Securities of Securitiesany Defeasible Series and, subject to the proviso to Section 13.01, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, Issuers shall be deemed to have been discharged from its their obligations with respect to all outstanding the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth below in Section 13.04 are satisfied (hereinafter, "hereinafter called “Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, such series and to have satisfied all of its other obligations under the Securities of the applicable such series and under the provisions of this Indenture applicable to insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions following, which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding the Securities of the applicable such series to receive receive, solely from the trust fund described in Section 8.04 hereof, 13.04 and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, of and interest, any premium and interest on such Securities of such series when such payments are due, (b2) the Company's Issuers’ obligations with respect to the Securities of such Securities series under Article 2 Sections 3.04, 3.05, 3.06, 10.02 and Section 4.02 hereof10.03, (c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith hereunder and (d4) this Article 8XIII. Subject to compliance with this Article 8XIII, the Company Issuers may exercise its their option under provided in Section 13.01 to have this Section 8.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its their option under provided in Section 8.03 hereof13.01 to have Section 13.03 applied to the Outstanding Securities of such series.
Appears in 1 contract
Samples: Amerigas Partners Lp
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.02, the Company and the Guarantors shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Securities of such series Senior Subordinated Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesSenior Subordinated Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series such Senior Subordinated Notes and under the provisions of this Indenture applicable to such series and the Senior Subordinated Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Senior Subordinated Notes to receive payments in respect of the applicable series to receive solely principal of, premium, if any, and interest, including Liquidated Damages, if any, on such Senior Subordinated Notes when such payments are due from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations with respect to such Securities Senior Subordinated Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations in connection therewith and (d) this Article 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 hereof.
Appears in 1 contract
Samples: JCS Realty Corp
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes and all obligations of such series the Guarantors shall be deemed to have been discharged with respect to their obligations on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesNotes and Guaranties, respectively, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series such Notes and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Liquidated Damages, if any, on such Securities Notes when such payments are due, (b) the Company's obligations with respect to such Securities Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Indenture (Mark I Molded Plastics of Tennessee Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 401 of the option applicable to this Section 8.02 relating to one or more series of Securities402, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such the particular series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged all the entire indebtedness represented by obligations relating to the outstanding Outstanding Securities of that series and the applicable series, which Securities of that series shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 406, Section 408 and the other Sections of this Indenture referred to below in (a) and (b) belowthis Section 402, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series and cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable particular series and coupons, if any, of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest, if any, on such Securities when such payments are due, due or on the Redemption Date solely out of the trust created pursuant to this Indenture; (b) the Company's ’s obligations with respect to such Securities under Article 2 concerning issuing temporary Securities of that series, or, where relevant, registration of such Securities, mutilated, destroyed, lost or stolen Securities of that series and Section 4.02 hereof, the maintenance of an office or agency for payment and money for Security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderfor the Securities of that series, and the Company's ’s obligations in connection therewith therewith; and (d) this Article 8Four and the obligations set forth in Section 406 hereof. Subject to compliance with this Article 8Four, the Company may exercise its option under this Section 8.02 402 notwithstanding the prior exercise of its option under Section 8.03 hereof403 with respect to the Securities of a particular series.
Appears in 1 contract
Samples: Kraft Heinz Co
Legal Defeasance and Discharge. Upon the Company's exercise by the Issuers and the Guarantors under Section 8.01 hereof 9.01 of the option applicable to this Section 8.02 relating to one or more series of Securities9.02, the Company shall, upon Issuers and the satisfaction of the conditions set forth in Section 8.04 hereof, Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that each of the Company Guarantors shall be deemed to be released from its respective Guaranty and each of the Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 9.05 and the other Sections of this Indenture referred to in (a) and (b) belowbelow of this paragraph, and to have satisfied all of its their other respective obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest (including Additional Interest, if any) on such Securities when such payments are due, or on the redemption date, as the case may be, (b) the Company's Issuers' obligations with respect to such Securities under Article 2 Sections 2.05, 2.07, 2.08, 2.10, 2.11 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's Issuers' obligations in connection therewith and (d) this Article 8Nine. Subject to compliance with this Article 8Nine, the Company Issuers and the Guarantors may exercise its the option under this Section 8.02 9.02 notwithstanding the prior exercise of its the option under Section 8.03 hereof9.03 with respect to the Securities.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series 8.2, each of Securities, the Company and the Guarantors, if any, shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Securites of such series Series and related Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriessuch Series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable as it relates to such series Securities (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series such Series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's and Guarantors' obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, each Obligor shall be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series on the date the all conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company Obligors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesand any Guarantees thereof, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 8.06 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.03, and to have satisfied all of its their other obligations under such Securities and this Indenture and the other Note Documents (insofar as related to the Securities of the applicable series and under the provisions of this Indenture applicable to such series Indenture) (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive such satisfaction and discharge until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof8.06, and as more fully set forth in such Section, payments in respect of the principal of, premiumand any premium and interest on, if any, and interest, on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 Sections 2.06, 2.09, 2.10, 2.12 and Section 4.02 hereof4.04, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith (including, but not limited to, Section 7.07) and (d) this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 hereof8.04. If the Company exercises its Legal Defeasance option, the Collateral will be released.
Appears in 1 contract
Samples: Indenture (Chesapeake Energy Corp)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series Section, each of Securities, the Company and the Guarantors, if any, shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series Series and related Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriessuch Series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable as it relates to such series Securities (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series such Series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's and Guarantors' obligations with respect to such Securities under Article 2 and Section 4.02 II hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8VIII. Subject to compliance with this Article 8Article, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Province Healthcare Co
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series 8.2, each of Securities, the Company and the Guarantors, if any, shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series Series and related Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriessuch Series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable as it relates to such series Securities (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series such Series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's and Guarantors' obligations with respect to such Securities under Article 2 and Section 4.02 II hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8VIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Province Healthcare Co
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shall, upon and the satisfaction of the conditions set forth in Section 8.04 hereof, Subsidiary Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the and this Indenture shall cease to be of further effect as to all outstanding Securities of the applicable seriesand Guarantees, which shall thereafter except as to be deemed to be "outstanding" outstanding "only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company and the Subsidiary Guarantors shall be deemed to have satisfied all other of its other their respective obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged dis charged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are duedue from the trust described in Section 8.5, (b) the Company's obligations with respect to such Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10, 4.2, 8.5, 8.6 and Section 4.02 hereof, 8.7 hereof and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Subsidiary Guarantors' obligations in connection therewith and (d) this Article 8therewith. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 hereof with respect to the Securities.
Appears in 1 contract
Samples: Tia Indenture (Hallmark America Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 401 of the option applicable to this Section 8.02 relating to one or more series of Securities402, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such the particular series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged all the entire indebtedness represented by obligations relating to the outstanding Outstanding Securities of that series and the applicable series, which Securities of that series shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof 406, Section 408 and the other Sections of this Indenture referred to below in (a) and (b) belowthis Section 402, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series and cured all then existing Events of Default (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable particular series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest, if any, on such Securities when such payments are due, due or on the Redemption Date solely out of the trust created pursuant to this Indenture; (b) the Company's ’s obligations with respect to such Securities under Article 2 concerning issuing temporary Securities of that series, or, where relevant, registration of such Securities, mutilated, destroyed, lost or stolen Securities of that series and Section 4.02 hereof, the maintenance of an office or agency for payment and money for Security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderfor the Securities of that series, and the Company's ’s obligations in connection therewith therewith; and (d) this Article 8Four and the obligations set forth in Section 406 hereof. Subject to compliance with this Article 8Four, the Company may exercise its option under this Section 8.02 402 notwithstanding the prior exercise of its option under Section 8.03 hereof403 with respect to the Securities of a particular series.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon the subject to satisfaction of the conditions set forth in Section 8.04 hereof8.05, be deemed to have been released and discharged from its obligations with respect to all the outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasancelegal defeasance"). For this purpose, Legal Defeasance legal defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.06 below and the other Sections of and matters under this Indenture referred to in (ai) and (bii) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to insofar as such series Securities are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, 8.06 hereof and as more fully set forth in such SectionSection 8.06, payments in respect of the principal of, premium, if any, and interestinterest and Special Interest, if any, on such Securities when such payments are due, (bii) the Company's obligations with respect to such Securities under Article 2 and Section 4.02 hereof4.02, and, with respect to the Trustee, under Section 7.08 and any Guarantor's obligations in respect thereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith hereunder and (div) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.03 82 notwithstanding the prior exercise of its option under Section 8.03 hereof8.04 below with respect to the Securities.
Appears in 1 contract
Samples: Indenture (Interface Inc)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1(b) hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shallCompany, upon the satisfaction of Parent and the conditions set forth in Section 8.04 hereof, Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the and this Indenture shall cease to be of further effect as to all outstanding Securities of the applicable seriesand Guarantees, which shall thereafter except as to be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company, the Parent and the Guarantors shall be deemed to have satisfied all other of its other their respective obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest (and Liquidated Damages, if any) on such Securities when such payments are duedue from the trust described in Section 8.5, (b) the Company's obligations with respect to such Securities under Article 2 Sections 2.3, 2.4, 2.6, 2.7, 2.10, 4.2, 8.5, 8.6 and Section 4.02 hereof, 8.7 hereof and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's, the Parent's and the Guarantors' obligations in connection therewith and (d) this Article 8therewith. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 hereof with respect to the Securities.
Appears in 1 contract
Samples: City Truck Holdings Inc
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.02 relating to one or more series of Securities8.03, the Company and any Guarantor shall, upon the subject to satisfaction of the conditions set forth in Section 8.04 hereof8.05, be deemed to have been released and discharged from its obligations with respect to all the outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasancelegal defeasance"). For this purpose, Legal Defeasance legal defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.06 below and the other Sections of and matters under this Indenture referred to in (ai) and (bii) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to insofar as such series Securities are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, 8.06 hereof and as more fully set forth in such SectionSection 8.06, payments in respect of the principal of, premium, if any, and interestinterest and Special Interest, if any, on such Securities when such payments are due, (bii) the Company's obligations with respect to such Securities under Article 2 and Section 4.02 hereof4.02, and, with respect to the Trustee, under Section 7.08 and any Guarantor's obligations in respect thereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith hereunder and (div) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 hereof8.04 below with respect to the Securities.
Appears in 1 contract
Samples: Indenture (Interface Inc)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series 8.2, each of Securities, the Company and the Guarantors, if any, shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Securites of such series Series and related Subsidiary Guarantees on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriessuch Series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable as it relates to such series Securities (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series such Series to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's and Guarantors' obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Guarantors' obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Indenture (Iron Mountain Inc/Pa)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating with respect to one or more series the Notes of Securitiesany Series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Securities Notes of such series Series on the date the conditions set forth below are satisfied with respect to such Series (hereinafter, "“Legal Defeasance")”) and each Subsidiary Guarantor shall be released from all of its obligations under its Subsidiary Guarantee with respect to the Notes of such Series. For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities Notes of the applicable seriesSeries, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities Notes of the applicable series such Series and under the provisions of this Indenture applicable (including any Subsidiary Guarantees set forth herein) with respect to the Notes of such series Series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Notes of the applicable series such Series to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, or interest on such Securities Notes when such payments are due, (b) the Company's ’s obligations with respect to such Securities Notes of such Series under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and (d) this Article 8. If the Company exercises under Section 8.01 the option applicable to this Section 8.02 with respect to the Notes of any Series, subject to the satisfaction of the conditions set forth in Section 8.04, payment of the Notes of the applicable Series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all of the outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that that, with respect to a series of Securities, the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the terms of such series of Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on reasonable demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable that series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 concerning issuing temporary Securities, registration of Securities and mutilated, destroyed, lost or stolen Securities and Company’s obligations under Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and (d) this Article 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 hereof.
Appears in 1 contract
Samples: Indenture (Geo Group Inc)
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02 relating to one or more series 902, each of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, and any Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such series on the date the conditions set forth below in Section 904 are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company and any such Subsidiary Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesOutstanding Securities, which shall thereafter be deemed to be "outstanding" “Outstanding” only for the 62 purposes of Section 8.05 hereof 905 and the other Sections of this the Indenture referred to in (ai) and (bii) below, and to have satisfied all of its other obligations under such Securities and the Indenture insofar as such Securities of the applicable series and under the provisions of this Indenture applicable to such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunderunder the Indenture: (ai) the rights of Holders of outstanding Outstanding Securities of the applicable series to receive receive, solely from the trust fund described in Section 8.04 hereof, 904 and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any, on) and interest, interest on such Securities when such payments are due, (bii) the Company's ’s and any Subsidiary Guarantor’s respective obligations with respect to such Securities under Article 2 Sections 304, 305, 306, 1002 and Section 4.02 hereof1003 of the Original Indenture, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunderunder the Indenture, and the Company's ’s obligations in connection therewith and (div) this Article 8Nine. If the Company exercises its Legal Defeasance Option, payment of the Securities may not be accelerated because of an Event of Default. Subject to compliance with this Article 8Nine, the Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities. This Section 902 shall be applicable with respect to the Securities in lieu of Section 1502 of the Original Indenture (which shall be of no force and effect for the Securities).
Appears in 1 contract
Legal Defeasance and Discharge. Upon the CompanyIssuer's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company Issuer shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Outstanding 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 Company Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesOutstanding Securities, which shall thereafter be deemed to be "outstanding" Outstanding only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments delivered to it by the Issuer acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, due from the trust referred to below; (b) the CompanyIssuer's obligations with respect to such the Securities under Article 2 concerning mutilated, destroyed, lost or stolen Securities and Section 4.02 hereof, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, and the CompanyIssuer's obligations in connection therewith therewith; and (d) the Legal Defeasance provisions of this Article 8Indenture. Subject to compliance with this Article 8VIII, the Company Issuer may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Citizens Communications Co
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Notes of such any series on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities Senior Notes of the applicable such series, which shall thereafter be deemed to be "" outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series such Senior Notes and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Senior Notes of the applicable such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest, interest on such Securities Senior Notes when such payments are duedue from the funds held by the Trustee in the trust, (b) the Company's obligations with respect to such Securities Senior Notes of such series under Article 2 Sections 2.06, 2.08, 2.09, 2.12 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, under this Indenture and the Company's obligations in connection therewith and (d) the obligations of the Company under this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Niagara Mohawk Power Corp /Ny/
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable (if any) to have this Section 8.02 relating applied to one or more series any Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Defeased 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesDefeased Securities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the such Defeased Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the TrusteeTrustee , on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Defeased Securities of the applicable series to receive solely from the trust fund described in under Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Defeased Securities when such payments are due, (b) the Company's obligations with respect to such Defeased Securities under Article 2 and Section 4.02 4.01 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations in connection therewith and (d) this Article 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 hereof.
Appears in 1 contract
Samples: Ail Technologies Inc
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Pegasus Communications Corp
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.2 hereof of the option applicable to this Section 8.02 relating 8.3 with respect to one or more series any Series of Securities, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.5 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such series on the date the conditions set forth below are satisfied that Series (hereinafter, "“Legal Defeasance"”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Outstanding Securities of the applicable seriesthat Series, which shall thereafter be deemed to be "outstanding" Outstanding only for the purposes of Section 8.05 8.6 hereof and the other Sections of this Indenture referred to in clause (a) and (b) below, and to have satisfied all of its other obligations under the such Securities and this Indenture with respect to such Securities of the applicable series and under the provisions of this Indenture applicable to such series that Series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Securities of the applicable series that Series to receive solely from the trust fund described in Section 8.04 Sections 4.2 and 8.6 hereof, and as more fully set forth in such SectionSections, payments in respect of the principal of, premium, if any, on and interest, interest on such Securities when such payments are due, (b) the Company's ’s obligations with respect to such Securities under Article 2 II and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and any Agent hereunder and the Company's ’s obligations in connection therewith therewith, including, without limitation, Article VII and Section 8.6 and 8.8 hereunder, and (d) this Article 8VIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.3 notwithstanding the prior exercise of its option under Section 8.03 8.4 hereof.
Appears in 1 contract
Samples: Indenture (Sterling Bancorp)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities Senior Notes of such any series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities Senior Notes of the applicable such series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series such Senior Notes and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities Senior Notes of the applicable such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest, interest on such Securities Senior Notes when such payments are duedue from the funds held by the Trustee in the trust, (b) the Company's obligations with respect to such Securities Senior Notes of such series under Article 2 Sections 2.06, 2.08, 2.09, 2.12 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, under this Indenture and the Company's obligations in connection therewith and (d) the obligations of the Company under this Article 8Eight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02 relating to one or more series 902, each of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, and any Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such series on the date the conditions set forth below in Section 904 are satisfied (hereinafter, "“Legal Defeasance"”). For this purpose, such Legal Defeasance means that the Company and any such Subsidiary Guarantor shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesOutstanding Securities, which shall thereafter be deemed to be "outstanding" “Outstanding” only for the purposes of Section 8.05 hereof 905 and the other Sections of this the Indenture referred to in (ai) and (bii) below, and to have satisfied all of its other obligations under such Securities and the Indenture insofar as such Securities of the applicable series and under the provisions of this Indenture applicable to such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunderunder the Indenture: (ai) the rights of Holders of outstanding Outstanding Securities of the applicable series to receive receive, solely from the trust fund described in Section 8.04 hereof, 904 and as more fully set forth in such Section, payments in respect of the principal of, of (and premium, if any, on) and interest, interest on such Securities when such payments are due, (bii) the Company's ’s and any Subsidiary Guarantor’s respective obligations with respect to such Securities under Article 2 Sections 304, 305, 306, 1002 and Section 4.02 hereof1003 of the Original Indenture, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunderunder the Indenture, and the Company's ’s obligations in connection therewith and (div) this Article 8Nine. If the Company exercises its Legal Defeasance Option, payment of the Securities may not be accelerated because of an Event of Default. Subject to compliance with this Article 8Nine, the Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities. This Section 902 shall be applicable with respect to the Securities in lieu of Section 1502 of the Original Indenture (which shall be of no force and effect for the Securities).
Appears in 1 contract
Samples: Indenture (Hanover Compressor Co /)
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shall, upon and the satisfaction of the conditions set forth in Section 8.04 hereof, Subsidiary Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the and this Indenture shall cease to be of further effect as to all outstanding Securities of the applicable seriesand Guarantees, which shall thereafter except as to be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company and the Subsidiary Guarantors shall be deemed to have satisfied all other of its other their respective obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest (and Liquidated Damages, if any) on such Securities when such payments are duedue from the trust described in Section 8.5, (b) the Company's obligations with respect to such Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10, 4.2, 8.5, 8.6 and Section 4.02 hereof, 8.7 hereof and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's and the Subsidiary Guarantors' obligations in connection therewith and (d) this Article 8therewith. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 hereof with respect to the Securities.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's Issuers' exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.02 relating to one or more series of Securities8.2, the Company shallIssuers and the Guarantors, upon the satisfaction of the conditions set forth in Section 8.04 hereofif any, shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Securities or all outstanding securities of such any series (the "Defeased Securities") on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesDefeased Securities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its their other obligations under the such Defeased Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Defeased Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof9.4, and as more fully set forth in such Sectionsection, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, (b) the Company's Issuers' obligations with respect to such Defeased Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's Issuers' obligations in connection therewith and (d) this Article 8VIII. Subject to compliance with this Article 8VIII, the Company Issuers may exercise its their option under this Section 8.02 8.2 notwithstanding the prior exercise of its their option under Section 8.03 hereof8.3 with respect to a series of Securities.
Appears in 1 contract
Samples: Ggri Inc
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 8.02, relating to one or more series of Securities, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Pegasus Communications Corp
Legal Defeasance and Discharge. Upon the CompanyIssuer's exercise under Section 8.01 10.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities10.2, the Company Issuer shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 10.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Outstanding 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 Company Issuer shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesOutstanding Securities, which shall thereafter be deemed to be "outstanding" Outstanding only for the purposes of Section 8.05 10.5 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments delivered to it by the Issuer acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, interest on such Securities when such payments are due, due from the trust referred to below; (b) the CompanyIssuer's obligations with respect to such the Securities under Article 2 concerning mutilated, destroyed, lost or stolen Securities and Section 4.02 hereof, the maintenance of an office or agency for payment and money for security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderTrustee, and the CompanyIssuer's obligations in connection therewith therewith; and (d) the Legal Defeasance provisions of this Article 8Indenture. Subject to compliance with this Article 8Ten, the Company Issuer may exercise its option under this Section 8.02 10.2 notwithstanding the prior exercise of its option under Section 8.03 10.3 hereof.
Appears in 1 contract
Samples: Citizens Communications Co
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 6.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities6.02, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 6.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the outstanding Securities of the applicable seriesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 15.03 of the Original Indenture and the other Sections of this the Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Securities and the Securities Indenture and cured all then existing Events of the applicable series and under the provisions of this Indenture applicable to such series Default (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive receive, solely from the trust fund described in Section 8.04 6.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, or interest or premium, if any, and interest, on such Securities when such payments are duedue solely out of the trust created pursuant to the Indenture, (b) the Company's obligations with respect to such Securities under Article 2 concerning issuing temporary Securities, registration of such Securities, mutilated, destroyed, lost or stolen Securities and Section 4.02 hereofthe maintenance of an office or agency for payment and money for security payments held in trust, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's obligations in connection therewith and (d) this Article 86. Subject to compliance with this Article 86, the Company may exercise its option under this Section 8.02 6.02 notwithstanding the prior exercise of its option under Section 8.03 6.03 hereof.
Appears in 1 contract
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof 401 of the option applicable to this Section 8.02 relating to one or more series of Securities402, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such the particular series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged all the entire indebtedness represented by obligations relating to the outstanding Outstanding Securities of that series and the applicable series, which Securities of that series shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 406, Section 408 and the other Sections of this Indenture referred to below in (a) and (b) belowthis Section 402, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series and cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable particular series and coupons, if any, of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, if any, on such Securities when such payments are due, due or on the Redemption Date solely out of the trust created pursuant to this Indenture; (b) the Company's obligations with respect to such Securities under Article 2 concerning issuing temporary Securities of that series, or, where relevant, registration of such Securities, mutilated, destroyed, lost or stolen Securities of that series and Section 4.02 hereof, the maintenance of an office or agency for payment and money for Security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderfor the Securities of that series, and the Company's obligations in connection therewith therewith; and (d) this Article 8Four and the obligations set forth in Section 406 hereof. Subject to compliance with this Article 8Four, the Company may exercise its option under this Section 8.02 402 notwithstanding the prior exercise of its option under Section 8.03 hereof403 with respect to the Securities of a particular series.
Appears in 1 contract
Samples: Keyspan Corp
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "“Legal Defeasance")”) and each Guarantor, if applicable, shall be released and relieved from all of its Obligations under its Security Guarantee with respect to such series. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 Sections 8.4 and 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such 44 payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 II and Section 4.02 Sections 3.1 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s and any Guarantors’ obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: 234DP Aviation, LLC
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof of the option applicable to this Section 8.02 relating to one or more series of Securities, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, "Legal DefeasanceLEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable series, which shall thereafter be deemed to be "outstandingOUTSTANDING" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interest, on such Securities when such payments are due, (b) the Company's obligations Obligations with respect to such Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, and the Company's obligations in connection therewith and (d) this Article 8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.
Appears in 1 contract
Samples: Harleysville Group Inc
Legal Defeasance and Discharge. Upon the Company's exercise under Section 8.01 hereof 401 of the option applicable to this Section 8.02 relating to one or more series of Securities402, the Company shall, upon the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Securities of such the particular series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged all the entire indebtedness represented by obligations relating to the outstanding Outstanding Securities of that series and the applicable series, which Securities of that series shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 406, Section 408 and the other Sections of this Indenture referred to below in (a) and (b) belowthis Section 402, and to have satisfied all of its other obligations under the such Securities of the applicable series and under the provisions of this Indenture applicable to such series and cured all then existing Events of Default (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable particular series and coupons, if any, of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal of, and premium, if any, and interest, if any, on such Securities when such payments are due, due or on the Redemption Date solely out of the trust created pursuant to this Indenture; (b) the Company's obligations with respect to such Securities under Article 2 concerning issuing temporary Securities of that series, or, where relevant, registration of such Securities, mutilated, destroyed, lost or stolen Securities of that series and Section 4.02 hereof, the maintenance of an office or agency for payment and money for Security payments held in trust; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunderfor the Securities of that series, and the Company's obligations in connection therewith therewith; and (d) this Article 8Four and the obligations set forth in Section 406 hereof. Subject to compliance with this Article 8Four, the Company may exercise its option under this Section 8.02 402 notwithstanding the prior exercise of its option under Section 8.03 hereof403 with respect to the Securities of a particular series.
Appears in 1 contract
Samples: Kraft Foods Inc
Legal Defeasance and Discharge. Upon the Company's ’s exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.02 relating 8.2 with respect to one or more series Securities of Securitiesany series, the Company shall, upon subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations Obligations with respect to all outstanding 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 Company shall be deemed to have paid and discharged the entire indebtedness represented by the outstanding Securities of the applicable with respect to such series, which shall thereafter be deemed to be "“outstanding" ” only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and through (be) below, and to have satisfied all of its other obligations under the Securities of the applicable series and under the provisions of this Indenture applicable with respect to such series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Securities of the applicable with respect to such series to receive receive, solely from the trust fund described in Section 8.04 8.4 and Section 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal of, premium, if any, and interestinterest and Additional Amounts, if any, on such Securities when such payments are due, (b) the Company's obligations ’s Obligations with respect to such Securities under Article 2 ARTICLE II and Section 4.02 3.1 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder, hereunder and the Company's ’s obligations in connection therewith and therewith, (d) the optional redemption provisions, if any, with respect to such Securities, and (e) this Article 8ARTICLE VIII. If the Company exercises under Section 8.1 hereof the option applicable to this Section 8.2, subject to the satisfaction of the conditions set forth in Section 8.4 hereof, payment of the Securities with respect to such series may not be accelerated because of an Event of Default. Subject to compliance with this Article 8ARTICLE VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.
Appears in 1 contract
Samples: Indenture (Cummins Inc)