Common use of Release of a Subsidiary Guarantor Clause in Contracts

Release of a Subsidiary Guarantor. (a) If all or substantially all of the assets of any Subsidiary Guarantor or all (or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary of the Company) of the Capital Stock of any Subsidiary Guarantor is sold (including by consolidation, merger, issuance or otherwise) or disposed of (including by liquidation, dissolution or otherwise) by the Company or any of its Subsidiaries, or, unless the Company elects otherwise, if any Subsidiary Guarantor is designated an Unrestricted Subsidiary in accordance with the terms hereof, then such Subsidiary Guarantor (in the event of a sale or other disposition of all of the Capital Stock of such Subsidiary Guarantor or a designation as an Unrestricted Subsidiary) or the Person acquiring such assets (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from any of its obligations hereunder without any further action on the part of the Trustee or any Holder of the Notes, subject in each case to compliance with Section 3.06 hereof.

Release of a Subsidiary Guarantor. (a) If all or substantially all of the assets of any Subsidiary Guarantor or all (or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary of the Company) of the Capital Stock of any Subsidiary Guarantor is sold (including by consolidation, merger, issuance or otherwise) or disposed of (including by liquidation, dissolution or otherwise) by the Company or any of its Subsidiaries, or, unless the Company elects otherwise, if any Subsidiary Guarantor is designated an Unrestricted Subsidiary in accordance with the terms hereofof this Indenture, then such Subsidiary Guarantor (in the event of a sale or other disposition of all of the Capital Stock of such Subsidiary Guarantor or a designation as an Unrestricted Subsidiary) or the Person acquiring such assets (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from any of its obligations hereunder under this Indenture without any further action on the part of the Trustee or any Holder of the Notes, subject in each case to compliance with Section 3.06 4.13 hereof.

Release of a Subsidiary Guarantor. (a) If In the event of either (a) a sale or other disposition of all or substantially all of the assets of any Subsidiary Guarantor Guarantor, by way of merger, consolidation or all (otherwise, or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary sale or other disposition of the Company) all of the Capital Stock of any Subsidiary Guarantor is sold Guarantor, or (including by consolidation, merger, issuance or otherwiseb) or disposed of (including by liquidation, dissolution or otherwise) by in the event that the Company or any of its Subsidiaries, or, unless the Company elects otherwise, if any designates a Subsidiary Guarantor is designated to be an Unrestricted Subsidiary, or such Subsidiary in accordance with Guarantor ceases to be a Subsidiary of the terms hereofCompany, then such Subsidiary Guarantor (in the event of a sale or other disposition disposition, by way of such a merger, consolidation or otherwise, of all of the Capital Stock of such Subsidiary Guarantor to a Person other than the Company or a designation as an Unrestricted SubsidiarySubsidiary Guarantor or any such designation) or the Person entity acquiring such assets the property (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from relieved of any obligations under its Guarantee; provided that the Net Cash Proceeds of its obligations hereunder without any further action on the part of the Trustee such sale or any Holder of the Notes, subject other disposition are applied in each case to compliance accordance with Section 3.06 hereof4.15 or 4.16, as applicable.

Release of a Subsidiary Guarantor. (a) If In the event of either (a) a sale or other disposition of all or substantially all of the assets of any Subsidiary Guarantor Guarantor, by way of merger, consolidation or all (otherwise, or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary sale or other disposition of the Company) all of the Capital Stock of any Subsidiary Guarantor is sold Guarantor, or (including by consolidation, merger, issuance or otherwiseb) or disposed of (including by liquidation, dissolution or otherwise) by in the event that the Company or any of its Subsidiaries, or, unless the Company elects otherwise, if any designates a Subsidiary Guarantor is designated to be an Unrestricted Subsidiary, or such Subsidiary in accordance with Guarantor ceases to be a Subsidiary of the terms hereofCompany, then such Subsidiary Guarantor (in the event of a sale or other disposition disposition, by way of such a merger, consolidation or otherwise, of all of the Capital Stock of such Subsidiary Guarantor or a designation as an Unrestricted Subsidiaryany such designation) or the Person entity acquiring such assets the property (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from relieved of any obligations under its Note Guarantee; provided that the Net Cash Proceeds of its obligations hereunder without any further action on the part of the Trustee such sale or any Holder of the Notes, subject other disposition are applied in each case to compliance accordance with Section 3.06 hereof4.15 or 4.16, as applicable.

Release of a Subsidiary Guarantor. (a) If the Notes are defeased in accordance with Section 8.01(c), or if all or substantially all of the assets of any Subsidiary Guarantor or all (or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary of the Company) of the Capital Stock of any Subsidiary Guarantor is sold (including by consolidation, merger, issuance or otherwise) or disposed of (including by liquidation, dissolution or otherwise) by the Company or any of its Subsidiaries, or, unless Subsidiaries in a transaction constituting an Asset Disposition and if (x) the Company elects otherwise, if any Subsidiary Guarantor is designated an Unrestricted Subsidiary Net Available Proceeds from such Asset Disposition are used in accordance with Section 4.05 or (y) the terms hereofCompany delivers to the Trustee an Officers' Certificate covenanting that the Net Available Proceeds from such Asset Disposition shall be used in accordance with Section 4.05 and within the time limits specified by such Section 4.05, then such Subsidiary Guarantor (in the event of a sale or other disposition of all of the Capital Stock of such Subsidiary Guarantor or a designation as an Unrestricted SubsidiaryGuarantor) or the Person corporation acquiring such assets (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from any of its obligations hereunder without any further action on the part of the Trustee or any Holder of the Notes, subject in each case to compliance with Section 3.06 hereof.),

Release of a Subsidiary Guarantor. Upon (ai) If a defeasance of the Notes in accordance with the terms of Section 8.02 or 8.03, or (ii) subject to the requirements of Section 5.01, all or substantially all of the assets of any Subsidiary Guarantor or all (or a portion sufficient to cause such Subsidiary Guarantor to no longer be a Subsidiary of the Company) of the Capital Stock equity interests of any Subsidiary Guarantor is are sold (including by consolidation, merger, issuance or otherwise) or disposed of (including by liquidation, dissolution or otherwise) by the Company or any of its Subsidiariesin a transaction constituting an Asset Disposition, or, unless and if (x) the Company elects otherwise, if any Subsidiary Guarantor is designated an Unrestricted Subsidiary Net Cash Proceeds from such Asset Disposition are used in accordance with Section 4.16 or (y) the terms hereofCompany delivers to the Trustee an Officers' Certificate to the effect that the Net Cash Proceeds from such Asset Disposition shall be used in accordance with Section 4.16 and within the time limits specified by Section 4.16, then such Subsidiary Guarantor (in the event of a sale or other disposition of all of the Capital Stock equity interests of such Subsidiary Guarantor or a designation as an Unrestricted SubsidiaryGuarantor) or the Person corporation acquiring such assets (in the event of a sale or other disposition of all or substantially all of the assets of such Subsidiary Guarantor) shall be deemed automatically and unconditionally released and discharged from any of its Subsidiary Guarantee obligations hereunder without any further action in respect of this Indenture and the Notes. Any Subsidiary Guarantor not so released remains liable for the full amount of principal of and interest on the part of the Trustee or any Holder of the Notes, subject Notes as provided in each case to compliance with Section 3.06 hereofthis Article Eleven.