Common use of Release of Guarantees and Collateral Clause in Contracts

Release of Guarantees and Collateral. Subject to the terms of the Security Trust and Intercreditor Deed, the Guarantee of the Senior Notes by any Guarantor under this Indenture, and the Transaction Security that secures such Guarantor's obligation under the Guarantee of the Senior Notes, shall be released upon a sale or other disposition of all of the Equity Interests of such Guarantor by the Issuer or a Subsidiary of the Issuer, in compliance, to the extent applicable, with Section 4.03 (Asset Sales). In addition, subject to the terms of the Security Trust and Intercreditor Deed, each of the Guarantors shall be discharged from its obligations in respect of its Guarantee of the Senior Notes in the circumstances set forth in Section 9.01 (Satisfaction and Discharge). Subject to the terms of the Security Trust and Intercreditor Deed, the Transaction Security shall be released upon the sale or other disposition of the assets constituting such Transaction Security by the Issuer or any of its Subsidiaries in compliance, to the extent applicable, with Section 4.03 (Asset Sales). Notwithstanding the foregoing, the Guarantee of the Senior Notes by MCHI and any Transaction Security related thereto shall be released at the request of the Issuer upon certification provided by the Issuer to the Security Trustee, the Trustee and Junior Note Trustee that, subject to such releases, MCHI has completed all distributions to the stockholders of MCHI pursuant to and in accordance with the MCHI Plan of Liquidation and Dissolution.

Appears in 2 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

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Release of Guarantees and Collateral. Subject to the terms of the Security Trust and Intercreditor Deed, the Guarantee of the Senior Junior Notes by any Guarantor under this Indenture, and the Transaction Security that secures such Guarantor's obligation under the Guarantee of the Senior Junior Notes, shall be released upon a sale or other disposition of all of the Equity Interests of such Guarantor by the Issuer or a Subsidiary of the Issuer, in compliance, to the extent applicable, with Section 4.03 4.02 (Asset Sales). In addition, subject to the terms of the Security Trust and Intercreditor Deed, each of the Guarantors shall be discharged from its obligations in respect of its Guarantee of the Senior Junior Notes in the circumstances set forth in Section 9.01 (Satisfaction and Discharge). Subject to the terms of the Security Trust and Intercreditor Deed, the Transaction Security shall be released upon the sale or other disposition of the assets constituting such Transaction Security by the Issuer or any of its Subsidiaries in compliance, to the extent applicable, with Section 4.03 4.02 (Asset Sales). Notwithstanding the foregoing, the Guarantee of the Senior Junior Notes by MCHI and any Transaction Security related thereto shall be released at the request of the Issuer upon certification provided by the Issuer to the Security Trustee, the Trustee and Junior the Senior Note Trustee that, subject to such releases, MCHI has completed all distributions to the stockholders of MCHI pursuant to and in accordance with the MCHI Plan of Liquidation and Dissolution.

Appears in 1 contract

Samples: Deposit Agreement (Marconi Corp PLC)

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Release of Guarantees and Collateral. Subject to the terms of the Security Trust and Intercreditor Deed, the Guarantee of the Senior Junior Notes by any Guarantor under this Indenture, and the Transaction Security that secures such Guarantor's obligation under the Guarantee of the Senior Notes, Junior Notes shall be released upon a sale or other disposition of all of the Equity Interests of such Guarantor by the Issuer or a Subsidiary of the Issuer, in compliance, to the extent applicable, with Section 4.03 4.02 (Asset Sales). In addition, subject to the terms of the Security Trust and Intercreditor Deed, each of the -91- Guarantors shall be discharged from its obligations in respect of its Guarantee of the Senior Junior Notes in the circumstances set forth in Section 9.01 (Satisfaction and Discharge). Subject to the terms of the Security Trust and Intercreditor Deed, the Transaction Security shall be released upon the sale or other disposition of the assets constituting such Transaction Security by the Issuer or any of its Subsidiaries in compliance, to the extent applicable, with Section 4.03 4.02 (Asset Sales). Notwithstanding the foregoing, the Guarantee of the Senior Junior Notes by MCHI and any Transaction Security related thereto shall be released at the request of the Issuer upon certification provided by the Issuer to the Security Trustee, the Trustee and Junior the Senior Note Trustee that, subject to such releases, MCHI has completed all distributions to the stockholders of MCHI pursuant to and in accordance with the MCHI Plan of Liquidation and Dissolution.

Appears in 1 contract

Samples: Deposit Agreement (Marconi Corp PLC)

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