Common use of Release of Guarantee Clause in Contracts

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 10 contracts

Samples: Indenture (ADT, Inc.), Indenture (ADT, Inc.), Indenture (TYCO INTERNATIONAL PLC)

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Release of Guarantee. Notwithstanding anything in this Article XV XIV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV XIV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 8 contracts

Samples: Indenture (ADT, Inc.), Indenture (ADT, Inc.), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(c).

Appears in 5 contracts

Samples: Indenture (Atlantic Auto Funding Corp), Indenture (Uag Connecticut I LLC), Indenture (Uag Mentor Acquisition LLC)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor Parent shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Parent from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Parent under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Parent shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 5 contracts

Samples: Indenture (Tyco International Finance S.A.), Indenture (Tyco International Finance S.A.), Indenture (Tyco International LTD /Ber/)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently (i) Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesSection 2. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guaranteeing Subsidiaries from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guaranteeing Subsidiaries under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor Guaranteeing Subsidiary shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. (ii) This Guarantee shall terminate with respect to each Guaranteeing Subsidiary and shall be automatically and unconditionally released and discharged as provided in Section 1013(c) of the Indenture.

Appears in 4 contracts

Samples: Third Supplemental Indenture (Sonic Automotive Inc), Supplemental Indenture (Autobahn Inc), Supplemental Indenture (Sonic Automotive Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1019(b) hereof.

Appears in 3 contracts

Samples: Indenture (Styrochem International Inc), Indenture (Pci Carolina Inc), Indenture (Styrochem International LTD)

Release of Guarantee. Notwithstanding anything in this Article XV VI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV VI with respect to the Securities of such series. Upon the delivery by the Company Issuers to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company Issuers in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Issuers are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 3 contracts

Samples: Indenture (ADT Inc.), Indenture (ADT Inc.), Indenture (ADT Inc.)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 301.

Appears in 3 contracts

Samples: Subordinated Indenture (Capital Automotive Reit), Subordinated Indenture (WSTR Inc), Subordinated Indenture (Sinclair Broadcast Group Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such series12. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 5.11(b).

Appears in 3 contracts

Samples: Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 10.13(d).

Appears in 3 contracts

Samples: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesTen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 4.15.

Appears in 2 contracts

Samples: Indenture (Canandaigua B V), Indenture (SCV Epi Vineyards Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor Guarantors shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Guarantors from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Guarantors shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 2 contracts

Samples: Indenture (IPERIONX LTD), Indenture (Piedmont Lithium LTD)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series5. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 2 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1014(c).

Appears in 2 contracts

Samples: Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 301.

Appears in 2 contracts

Samples: Subordinated Indenture (Wsyt Licensee L P), Subordinated Indenture (Trustreet Properties Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every each Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesTwo. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate upon a merger or consolidation of Guarantor with the Company, in accordance with Article Eight. This Guarantee shall be automatically and unconditionally released and discharged upon the occurrence of any of the conditions set forth in Section 1013(d) of the Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Playtex Products Inc), Supplemental Indenture (Playtex Products Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesTen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Supplemental Indenture and the SecuritiesIndenture and the Notes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 4.15.

Appears in 2 contracts

Samples: Supplemental Indenture (Mt Veeder Corp), Supplemental Indenture (Candanaigua B V)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of -------------------- all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesTwo. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this the Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate upon a merger or consolidation of Guarantor with the Company, in accordance with Article Eight. This Guarantee shall be automatically and unconditionally released and discharged upon the occurrence of any of the conditions set forth in Section 1013(d) of the Indenture.

Appears in 2 contracts

Samples: Supplemental Indenture (Playtex Products Inc), Supplemental Indenture (Playtex Products Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(b).

Appears in 2 contracts

Samples: Exhibit (Sonic Automotive Inc), Indenture (Oxford Industries Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every then the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company Issuer to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company Issuer in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 2 contracts

Samples: Indenture (American Portable Telecom Inc), Indenture (Aerial Communications Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesXIII. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged under any circumstances set forth pursuant to Section 3.1.

Appears in 2 contracts

Samples: Indenture (Capital Automotive Reit), Indenture (Capital Automotive Reit)

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Release of Guarantee. Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Debentures; and (ii) all other obligations of a seriesthe Company under this Indenture, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesDebentures, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Debentures and all other obligations of the Company under the Indenture are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: First Supplemental Indenture (Cooper Industries LTD)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesTen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Supplemental Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities In- denture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 3.10.

Appears in 1 contract

Samples: Exhibit (Constellation Brands Inc)

Release of Guarantee. Notwithstanding anything in this Article XV Fourteen to the contrary, concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1014(c).

Appears in 1 contract

Samples: Exhibit (Tri R of Orlando Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a seriesseries guaranteed by Tyco pursuant to Section 2.01, every Guarantor Tyco shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesXV. Upon the delivery by the Company to the Trustee of an Officer’s Officers’ Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor Tyco from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor Tyco under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor Tyco shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: Indenture (Tyco International LTD /Ber/)

Release of Guarantee. Notwithstanding anything in this Article XV Sixteen to the contrary, concurrently with the payment in full of (i) the principal of, premium, if any, and interest interest, if any, on Securities the Notes; and (ii) all other obligations of a seriesthe Company under this Indenture, every the Guarantor shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such seriesSixteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the SecuritiesNotes, the Trustee shall execute any documents reasonably required in order to evidence the release of each the Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each the Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest interest, if any, on such Securities the Notes and all other obligations of the Company under the Indenture are paid in full, and each the Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: Supplemental Indenture (Nabors Industries LTD)

Release of Guarantee. Notwithstanding anything in this Article XV XVI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV XVI with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: Indenture (ADT, Inc.)

Release of Guarantee. Notwithstanding anything in this Article XV VI to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor shall be released from and relieved of its obligations under this Article XV VI with respect to the Securities of such series. Upon the delivery by the Company Issuer to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company Issuer in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Issuer are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: Indenture (ADT Inc.)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesThirteen. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(d).

Appears in 1 contract

Samples: Indenture (Penske Automotive Group, Inc.)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1014(c).

Appears in 1 contract

Samples: Exhibit (Salem Communications Corp /De/)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 10.14(d).

Appears in 1 contract

Samples: Exhibit (Salem Communications Corp /De/)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently with the payment in full of the principal of, premium, if any, and interest on Securities of a series, every Guarantor each of Holdco and Parent shall be released from and relieved of its obligations under this Article XV with respect to the Securities of such series. Upon the delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor of Holdco and Parent from its obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor of Holdco and Parent under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities are paid in full, and each Guarantor of Holdco and Parent shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement.

Appears in 1 contract

Samples: Fifth Supplemental Indenture (Covidien Ltd.)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such series12. Upon the delivery by the Company to the Trustee of an Officer’s 's Certificate and an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 5.11(c).

Appears in 1 contract

Samples: Indenture (United Auto Group Inc)

Release of Guarantee. Notwithstanding anything in this Article XV to the contrary, concurrently Concurrently with the payment in full of all of the principal ofIndenture Obligations, premium, if any, and interest on Securities of a series, every Guarantor the Guarantors shall be released from and relieved of its their obligations under this Article XV with respect to the Securities of such seriesFourteen. Upon the delivery by the Company to the Trustee of an Officer’s Officers' Certificate and and, if requested by the Trustee, an Opinion of Counsel to the effect that the transaction giving rise to the release of this Guarantee was made by the Company in accordance with the provisions of this Indenture and the Securities, the Trustee shall execute any documents reasonably required in order to evidence the release of each Guarantor the Guarantors from its their obligations under this Guarantee. If any of the obligations to pay the principal of, premium, if any, and interest on such Securities and all other obligations of the Company Indenture Obligations are revived and reinstated after the termination of this Guarantee, then all of the obligations of each Guarantor the Guarantors under this Guarantee shall be revived and reinstated as if this Guarantee had not been terminated until such time as the principal of, premium, if any, and interest on such Securities Indenture Obligations are paid in full, and each Guarantor shall enter into an amendment to this Guarantee, reasonably satisfactory to the Trustee, evidencing such revival and reinstatement. This Guarantee shall terminate with respect to each Guarantor and shall be automatically and unconditionally released and discharged as provided in Section 1013(b) or as otherwise provided in this Indenture.

Appears in 1 contract

Samples: Exhibit (Brooks Pharmacy, Inc.)

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