Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Certificate certifying as to the compliance with this SECTION 10.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 5 contracts
Samples: Indenture (Triumph Group Inc), Triumph Group Inc, Triumph Group Inc
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this the Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note GuaranteeSection 8.07.
Appears in 5 contracts
Samples: Fifth Supplemental Indenture (Equinix Inc), Fourth Supplemental Indenture (Equinix Inc), Second Supplemental Indenture (Equinix Inc)
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION Section 10.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 5 contracts
Samples: Indenture (Ashland Inc.), Mantech International Corp, Triumph Group Inc /
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s written request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION Section 10.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 3 contracts
Samples: Indenture (Oshkosh Corp), Indenture (Oshkosh Corp), Indenture (Oshkosh Corp)
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s 's request for such release accompanied by an Officer’s Officers' Certificate certifying as to the compliance with this SECTION 10.7Section 11.8. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Intercreditor Agreement (Airgate PCS Inc /De/), Indenture (Airgate PCS Inc /De/)
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate and an Opinion of Counsel certifying as to the compliance with this SECTION 10.7Section 11.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Indenture (Yankee Holding Corp.), VWR Funding, Inc.
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Certificate certifying as to the compliance with this SECTION Section 10.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Triumph Group Inc, Triumph Group Inc
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7Section 11.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 2 contracts
Samples: Ryerson Holding Corp, Ryerson International Material Management Services, Inc.
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company Issuer as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the CompanyIssuer’s request for such release accompanied by an Officer’s Certificate certifying as to the compliance with this SECTION 10.7Section 11.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Samples: Indenture (Barrington Quincy LLC)
Release of a Guarantor. (a) Any Guarantor that is designated by the Board of Directors of the Company as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the Company’s 's request for such release accompanied by an Officer’s Officers' Certificate certifying as to the compliance with this SECTION 10.7Section 10.8. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company Issuer as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the CompanyIssuer’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Samples: Indenture (Kemet Corp)
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company Parent as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the CompanyParent’s request for such release accompanied by an Officer’s Officers’ Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company Parent as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of the CompanyParent’s request for such release accompanied by an Officer’s Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Samples: Indenture (Ryerson Holding Corp)
Release of a Guarantor. Any Upon the sale or disposition of a Guarantor that (or all or substantially all of its assets) to an entity which is designated by the Board of Directors not a Subsidiary of the Company as an Unrestricted Subsidiary Company, which is otherwise in accordance compliance with the terms of this Indenture shallIndenture, at such time, Guarantor shall be deemed automatically and unconditionally released and discharged of from all its obligations under this Article Eleven and its Note Guarantee without any further action on the part of the Trustee or any HolderGuarantee. The Trustee shall deliver an appropriate instrument evidencing such release upon receipt of a written request by the Company’s request for such release Company accompanied by an Officer’s Officers' Certificate certifying as to the compliance with this SECTION 10.7Section 11.04 and the other provisions of this Indenture. Any Guarantor not so released shall remain remains liable for the full amount of principal of and interest on the Notes as provided in its Note Guaranteethis Article Eleven.
Appears in 1 contract
Release of a Guarantor. Any Guarantor that is designated by the Board of Directors of the Company Issuer as an Unrestricted Subsidiary in accordance with the terms of this Indenture shall, at such time, be deemed automatically and unconditionally released and discharged of its obligations under its Note Guarantee without any further action on the part of the Trustee or any Holder. The Trustee shall receive written notice of any such release (provided, however, that failure to deliver such notice shall not affect such release), and shall deliver an appropriate instrument evidencing such release upon receipt of the CompanyIssuer’s request for such release accompanied by an Officer’s Certificate certifying as to the compliance with this SECTION 10.7Section 12.7. Any Guarantor not so released shall remain liable for the full amount of principal of and interest on the Notes as provided in its Note Guarantee.
Appears in 1 contract
Samples: Indenture (BlueLinx Holdings Inc.)