Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1, the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 9 contracts
Samples: Comstock Resources Inc, Medallion California Properties Co, Weatherford International Inc /New/
Legal Defeasance. In addition The Company may at its option, be discharged from its obligations with respect to discharge of the Indenture pursuant to Section 4.1Notes (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness on represented by the Notes and to have satisfied all the Securities of its other obligations under such a series on the 91st day after the date of the deposit referred to in clause (1) below Notes and this Indenture insofar as such Notes are concerned (and the Trustee, at the expense of the Company, shall upon a Company Request shall, subject to Section 406 hereof, execute proper instruments acknowledging the same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series outstanding Notes to receive, receive solely from the trust fund funds described in Section 13.4 404 hereof and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities Notes when such payments are due, (Bb) the Company's obligations with respect to such Securities Notes under Sections 3.4Articles Two, 3.5, 3.6, 10.2 Three and 10.3Seven and Section 1002 hereof, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee hereunder (including claims of, or payments to, the Trustee under or pursuant to Section 607 hereof) and (Dd) this Article ThirteenFour. Subject to compliance with this Article Four, if the conditions set forth Company may exercise its option under this Section 402 with respect to the Notes notwithstanding the prior exercise of its option under Section 403 below are satisfied (hereinafter, "defeasance"):with respect to the Notes.
Appears in 4 contracts
Samples: Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp), Onyx Acceptance Corp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1401, the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause Clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 4 contracts
Samples: Indenture (Anadarko Petroleum Capital Trust Iii), Anadarko Petroleum Capital Trust Iii, Anadarko Petroleum Capital Trust Iii
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1, the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 3 contracts
Samples: Indenture (Weatherford International LTD), Frontier Oil Corp /New/, Frontier Oil Corp /New/
Legal Defeasance. In addition to discharge of The Company and the Indenture pursuant to Section 4.1, the Company Note Guarantors shall be deemed to have paid and will be discharged from any and all obligations in respect of this Indenture and the entire indebtedness on all Notes and the Securities of such a series related Note Guarantees and have Liens on the 91st day after Collateral securing the Notes released on the date of the deposit referred to in clause (1a) below of this Section 8.2, and the provisions of this Indenture shall no longer be in effect (“Legal Defeasance”), and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging the same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following provisions, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series outstanding Notes to receive, receive solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, clause (a) below payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities the Notes when such payments are due, (Bii) the Company's ’s obligations with respect to such Securities the Notes under Sections 3.4, 3.5, 3.6, 10.2 Article 2 and 10.3Section 4.2 hereof, (Ciii) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder hereunder, including, without limitation, Section 7.7 hereof and the Company’s obligations in connection therewith and (Div) this Article ThirteenSection 8.2. Subject to compliance with this Section 8.2, if the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3 hereof. The following conditions set forth below are satisfied (hereinafter, "defeasance"):shall apply to Legal Defeasance:
Appears in 3 contracts
Samples: Bausch Health Companies (Bausch Health Companies Inc.), Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1401, the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Indenture (Weatherford International Inc /New/), Weatherford International Inc /New/
Legal Defeasance. In addition to discharge of The Company and the Indenture pursuant to Section 4.1, the Company Note Guarantors shall be deemed to have paid and will be discharged from any and all obligations in respect of this Indenture and the entire indebtedness Notes and the related Note Guarantees released on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1a) below of this Section 8.2, and the provisions of this Indenture shall no longer be in effect (“Legal Defeasance”), and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging the same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following provisions, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series outstanding Notes to receive, receive solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, clause (a) below payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities the Notes when such payments are due, (Bii) the Company's ’s obligations with respect to such Securities the Notes under Sections 3.4, 3.5, 3.6, 10.2 Article 2 and 10.3Section 4.2 hereof, (Ciii) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder hereunder, including, without limitation, Section 7.7 hereof and the Company’s obligations in connection therewith and (Div) this Article ThirteenSection 8.2. Subject to compliance with this Section 8.2, if the Company may exercise its option under this Section 8.2 notwithstanding the prior exercise of its option under Section 8.3 hereof. The following conditions set forth below are satisfied (hereinafter, "defeasance"):shall apply to Legal Defeasance:
Appears in 1 contract
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1, the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: Rowan Companies Inc
Legal Defeasance. In addition (a) Subject to discharge the satisfaction of the Indenture pursuant to conditions set forth in Section 4.18.03, the Company shall may elect, at its option, to have its obligations discharged with respect to the outstanding Notes (“Legal Defeasance”). (b) For this purpose, Legal Defeasance means that the Company will be deemed to have paid and discharged the entire indebtedness on all represented by the Securities outstanding Notes which shall thereafter be deemed to be “outstanding” only for the purposes of such a series on Section 8.04 and the 91st day after the date other Sections of the deposit this Indenture referred to in clause (1), (2), (4) below and (5) below, and to have satisfied all of its other obligations under such Notes and this Indenture, including that of the Guarantors (and the Trustee, on demand of and at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging the same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series Notes to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, receive payments in respect of the principal of and any premium and interest on such Securities Notes when such payments are due, ; (B2) the Company's ’s obligations with respect to such Securities under Sections 3.4Notes concerning issuing temporary Notes, 3.5registration of Notes, 3.6mutilated, 10.2 destroyed, lost or stolen Notes and 10.3, the maintenance of an office or agency for payment and money for security payments held in trust; (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee hereunder Trustee; (4) the Company’s right of optional redemption pursuant to Section 3.07; and (D5) this Article ThirteenSection 8.01. (c) Following the Company’s exercise of its Legal Defeasance option, if payment of the conditions set forth below are satisfied (hereinafter, "defeasance"):Notes may not be accelerated because of an Event of Default.
Appears in 1 contract
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1, the Company (a) The Issuer shall be deemed to have paid and will, together with the Guarantors, be discharged from any and all obligations in respect of this Indenture, the entire indebtedness Notes and the Note Guarantees on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1a) below of this Section 10.02, and the provisions of this Indenture shall no longer be in effect with respect to the Notes ("Legal Defeasance"), and the Trustee, at the expense of the CompanyIssuer, shall upon a Company Request execute proper instruments acknowledging the same), and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following provisions, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series outstanding Notes to receive, receive solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, clause (i) below payments in respect of the principal of and any premium of, premium, if any, and interest on such Securities Notes when such payments are due, (Bii) the CompanyIssuer's obligations with respect to such Securities Notes under Sections 3.4, 3.5, 3.6, 10.2 Article Two and 10.3Section 4.02 hereof, (Ciii) the rights, powers, trusts, duties, indemnities and immunities of the Trustee hereunder hereunder, including, without limitation, Section 7.07 hereof and the Issuer's obligations in connection therewith and (Div) this Article ThirteenEight. Subject to compliance with this Article 10, if the Issuer may exercise its option under this Section 10.02 notwithstanding the prior exercise of its option under Section 10.03 hereof. The following conditions set forth below are satisfied (hereinafter, "defeasance"):shall apply to Legal Defeasance:
Appears in 1 contract
Samples: A 1 Homes Group Inc
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4.1, if the Company satisfies the conditions set forth in clauses (1) through (6) below (hereinafter “defeasance”), then (a) the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in clause (1) below (and the Trustee, at the expense of the Company, shall upon a Company Request execute proper instruments acknowledging same)below, and (b) the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 3.7, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee hereunder and (D) this Article Thirteen. Upon receipt of a Company Request following a defeasance, if the Trustee, at the expense of the Company, shall execute proper instruments acknowledging such defeasance. The conditions set forth below to be satisfied for a defeasance to occur are satisfied (hereinafter, "defeasance"):the following:
Appears in 1 contract
Samples: Cornell Abraxas Group, Inc.