Release of Guarantee. Notwithstanding anything to the contrary in this Article 9, in the event that any Guarantor shall no longer be a guarantor of (or co-obligor on) any Funded Indebtedness of the Company other than the Securities and other than Funded Indebtedness of the Company (i) subject to a release provision substantially similar to this Section 9.06 and (ii) the related guarantee (or obligation) of which will be released substantially concurrently with the release of the Guarantee of such Guarantor pursuant to this Section 9.06, and so long as no Default or Event of Default shall have occurred or be continuing, such Guarantor, upon giving notice to the Trustee to the foregoing effect, shall be deemed to be released from all of its obligations under this Indenture and the Guarantee of such Guarantor shall be of no further force or effect. Following the receipt by the Trustee of any such notice, the Company shall cause this Indenture to be amended as provided in Section 8.01 hereof; provided, however, that the failure to so amend this Indenture shall not affect the validity of the termination of the Guarantee of such Guarantor.
Appears in 4 contracts
Samples: Indenture (Environmental Procedures Inc), Indenture (Tuboscope Inc /De/), Indenture (Fiber Glass Systems Lp)
Release of Guarantee. (a) Notwithstanding anything to the contrary in this Article 9XII, in the event that if any Guarantor shall no longer cease to be either (i) a guarantor Subsidiary of the Partnership or (or co-ii) an obligor on) on any Funded Indebtedness of the Company Debt other than the Securities and other than Funded Indebtedness of the Company (i) subject to a release provision substantially similar to this Section 9.06 and (ii) the related guarantee (or obligation) of which will be released substantially concurrently with the release of the Guarantee of such Guarantor pursuant to this Section 9.06Debt Securities, and so long as then if no Default or Event of Default shall have occurred or and be continuing, such Guarantor, upon giving notice to the Trustee to the foregoing effect, shall be deemed to be released from all of its obligations under this Indenture Indenture, and the Guarantee of such Guarantor shall be of no further force or effecteffect with respect to such Guarantor. Following the receipt by the Trustee of any such notice, the Company Partnership shall cause this Indenture to be amended as provided in Section 8.01 9.01(l) hereof; provided, however, that the failure to so amend this Indenture shall not affect the validity of the termination of the Guarantee of with respect to such Guarantor.
(b) In addition, upon the exercise of the legal defeasance option or the satisfaction and discharge of this Indenture as provided in Section 11.02 hereof, each of the Guarantors shall be deemed to be released from all its obligations under this Indenture and the Guarantee shall be of no further force or effect.
Appears in 2 contracts
Samples: Indenture (ONEOK Partners LP), Indenture (ONEOK Partners LP)
Release of Guarantee. Notwithstanding anything to the contrary in this Article 9IX, in the event that any Guarantor shall no longer be a guarantor of (or co-obligor on) any Funded Indebtedness of the Company other than the Securities and other than Funded Indebtedness of the Company (i) subject to a release provision substantially similar to this Section 9.06 and (ii) the related guarantee (or obligation) of which will be released substantially concurrently with the release of the Guarantee of such Guarantor pursuant to this Section 9.06, and so long as no Default or Event of Default shall have occurred or be continuing, such Guarantor, upon giving notice to the Trustee to the foregoing effect, shall be deemed to be released from all of its obligations under this Indenture and the Guarantee of such Guarantor shall be of no further force or effect. Following the receipt by the Trustee of any such notice, the Company shall cause this Indenture to be amended as provided in Section 8.01 hereof; provided, however, that the failure to so amend this Indenture shall not affect the validity of the termination of the Guarantee of such Guarantor.
Appears in 2 contracts
Samples: Indenture (R&b Falcon Corp), Indenture (R&b Falcon Corp)
Release of Guarantee. (a) Notwithstanding anything to the contrary in this Article 9Sixteen, in if the event that any Guarantor Company shall no longer cease to be a guarantor of (or co-obligor on) any Funded Indebtedness controlled Affiliate of the Company other than the Securities and other than Funded Indebtedness of the Company (i) subject to a release provision substantially similar to this Section 9.06 and (ii) the related guarantee (or obligation) of which will be released substantially concurrently with the release of the Guarantee of such Guarantor pursuant to this Section 9.06Guarantor, and so long as then if no Default or Event of Default shall have occurred or and be continuing, such the Guarantor, upon giving notice to the Trustee to the foregoing effect, shall be deemed to be released from all of its obligations under this Indenture Indenture, automatically and with no further action on the part of the Company, the Guarantor or the Trustee, and the Guarantee shall be of such no further force or effect with respect to the Guarantor.
(b) In addition, upon (i) the satisfaction and discharge of this Indenture or the exercise of the legal defeasance or covenant defeasance option as provided in Articles Four and Fourteen, respectively, of this Indenture with respect to the 2025 Notes, or (ii) the 2025 Notes ceasing to be Outstanding, the Guarantor shall be deemed to be released from all its obligations under this Indenture with respect to the 2025 Notes and the Guarantee shall be of no further force or effect. Following the receipt by the Trustee of any such notice, the Company shall cause this Indenture to be amended as provided in Section 8.01 hereof; provided, however, that the failure to so amend this Indenture shall not affect the validity of the termination of the Guarantee of such Guarantor.”
Appears in 1 contract
Release of Guarantee. (a) Notwithstanding anything to the contrary in this Article 9XII, in the event that if any Guarantor shall no longer cease to be either (i) a guarantor Subsidiary of the Partnership or (or co-ii) an obligor on) on any Funded Indebtedness of the Company Debt other than the Securities and other than Funded Indebtedness of the Company (i) subject to a release provision substantially similar to this Section 9.06 and (ii) the related guarantee (or obligation) of which will be released substantially concurrently with the release of the Guarantee of such Guarantor pursuant to this Section 9.06Debt Securities, and so long as then if no Default or Event of Default shall have occurred or and be continuing, such Guarantor, upon giving notice to the Trustee to the foregoing effect, shall be deemed to be released from all of its obligations under this Indenture and the Guarantee of such Guarantor shall be of no further force or effecteffect with respect to such Guarantor. Following the receipt by the Trustee of any such notice, the Company Partnership shall cause this Indenture to be amended as provided in Section 8.01 9.01(l) hereof; provided, however, that the failure to so amend this Indenture shall not affect the validity of the termination of the Guarantee of with respect to such Guarantor.
(b) In addition, upon the exercise of the legal defeasance option or the satisfaction and discharge of this Indenture as provided in Section 11.02 hereof, each of the Guarantors shall be deemed to be released from all its obligations under this Indenture and the Guarantee shall be of no further force or effect.
Appears in 1 contract
Samples: Indenture (ONEOK Partners LP)