Release of Liens in Respect of Notes. The Collateral Trustee’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders and such Obligations to the benefits and proceeds of the Collateral Trustee’s Liens on the Collateral will terminate and be discharged: (1) upon the satisfaction and discharge of this Indenture, in accordance with Article XI hereof; (2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII hereof; (3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged; (4) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX hereof; or (5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 4 contracts
Samples: First Supplemental Indenture (Peabody Energy Corp), First Supplemental Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Release of Liens in Respect of Notes. The Collateral Trustee’s Liens upon the Collateral Lien will no longer secure the Notes outstanding under this the Indenture or any other Obligations under this the Indenture, and the right of the Holders holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s Liens Lien on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this the Indenture as set forth under Article 11 of the Indenture, in accordance with Article XI hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with as set forth under Article VIII hereof8 of the Indenture;
(3) upon payment in full and discharge of all Notes outstanding under this the Indenture and all Obligations that are outstanding, due and payable under this the Indenture at the time the Notes are paid in full and discharged;
(4) in whole or in part, with the consent of the Holders holders of the requisite percentage of the Notes in accordance with Article IX hereof9 of the Indenture; or
(5) with respect if and to the assets extent required by Section 2.05 of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04Intercreditor Agreement.
Appears in 2 contracts
Samples: Collateral Trust Agreement (Solo Cup CO), Collateral Trust Agreement (Stream Global Services, Inc.)
Release of Liens in Respect of Notes. The Collateral Trustee’s Parity Liens upon the Collateral will shall no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s Parity Liens on the Collateral will shall terminate and be discharged:
(1a) upon the satisfaction and discharge of this Indenture, in accordance with Indenture as set forth under Article XI 12 hereof;
(2b) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with as set forth under Article VIII 8 hereof;
(3c) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;; or
(4d) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 2 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource-MBS, LLC)
Release of Liens in Respect of Notes. The Collateral Trustee’s Parity Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Secured Debt Obligations under this Indenture, and the right of the Holders and such Secured Debt Obligations to the benefits and proceeds of the Collateral Trustee’s Parity Liens on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, in accordance with Article XI hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII hereof;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Secured Debt Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;
(4) in whole or in part, upon the direction of the Trustee or with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX hereof;
(5) upon the occurrence of any event that provides for (or permits) a release of Parity Liens pursuant to the Collateral Trust Agreement; or
(56) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Samples: Indenture (Foresight Energy LP)
Release of Liens in Respect of Notes. The Collateral Trustee’s Parity Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s Parity Liens on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, Indenture in accordance with Article XI 12 hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII 8 hereof;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;; or
(4) in whole or in part, with the consent of the Holders holders of at least 66 2/3% in aggregate principal amount of the requisite percentage of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Samples: Indenture (Forestar Group Inc.)
Release of Liens in Respect of Notes. The Collateral Trustee’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and holders of such other Obligations to the benefits and proceeds of the Collateral Trustee’s Liens on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, Indenture in accordance with Article XI hereofEleven;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII hereofEight;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;
(4) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX hereofNine; orand
(5) with respect if and to the assets extent required by Section 2.05 of any Guarantorthe Intercreditor Agreement. In addition, at the time such Guarantor is Collateral Trustee’s Liens on the Collateral will be released from its Note Guarantee upon the terms and subject to the conditions set forth in accordance with Section 10.044.1 of the Collateral Trust Agreement.
Appears in 1 contract
Samples: Indenture (Solo Cup CO)
Release of Liens in Respect of Notes. The Notwithstanding the satisfaction of the Assumption Conditions, the Collateral Trustee’s Parity Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s Parity Liens on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, in accordance with Article XI 13 hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII 8 hereof;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all other Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full in cash and discharged;; or
(4) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Release of Liens in Respect of Notes. The Collateral TrusteeAgent’s Note Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral TrusteeAgent’s Note Liens on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, as set forth in accordance with Article XI 12 hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes as set forth in accordance with Article VIII 8 hereof;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;; or
(4) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with the provisions of Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Release of Liens in Respect of Notes. The Liens in favor of the Collateral Trustee’s Liens Agent, for the benefit of the Second Lien Claimholders, upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Liens in favor of the Collateral Trustee’s Liens Agent, for the benefit of the Second Lien Claimholders, on the Collateral will terminate and be discharged:
(1) upon the satisfaction and discharge of this Indenture, in accordance with Article XI 11 hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII 12 hereof;
(3) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;; or
(4) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Release of Liens in Respect of Notes. The Collateral TrusteeAgent’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s Liens on the Collateral will terminate and be dischargeddischarged with respect to the Collateral:
(1) in part, upon a sale of Collateral in accordance with this Indenture (without regard to the provisions of Section 4.10 governing the application of the proceeds of a sale of Collateral);
(2) in whole, upon satisfaction and discharge of this Indenture, in accordance with Article XI hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII Indenture as described under Section 12.01 hereof;
(3) in whole, upon a legal defeasance or covenant defeasance of the Notes as described under Article 8 hereof;
(4) in whole, upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;
(45) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX the provisions described in Section 9.02 hereof; or
(56) with respect if and to the assets extent required by the provisions of the security documents. For the avoidance of doubt, the Issuer and the Guarantors will not be required to comply with all or any Guarantor, at portion of Section 314(d) of the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04TIA.
Appears in 1 contract
Samples: Indenture (Evraz North America PLC)
Release of Liens in Respect of Notes. The Collateral Trustee’s 's Parity Liens upon the Collateral will shall no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Collateral Trustee’s 's Parity Liens on the Collateral will shall terminate and be discharged:
(1a) upon the satisfaction and discharge of this Indenture, in accordance with Indenture as set forth under Article XI 12 hereof;
(2b) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with as set forth under Article VIII 8 hereof;
(3c) upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;; or
(4d) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Release of Liens in Respect of Notes. The Collateral TrusteeAgent’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this IndentureNotes Obligations, and the right of the Holders and such Obligations to the benefits and proceeds of the Collateral TrusteeAgent’s Liens on the Collateral will terminate and be discharged:
(1a) in whole, upon the satisfaction and discharge of this Indenture, Indenture in accordance with Article XI 11 hereof;
(2b) in whole, upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII 8 hereof;
(3c) in part, upon payment in full in cash and discharge of all Notes outstanding under this Indenture and all other Notes Obligations that are outstanding, due and payable under this Indenture and the other Note Documents at the time the Notes are paid in full in cash and dischargeddischarged (other than contingent indemnity obligations for which no claim has been made);
(4d) in whole or in part, with the consent of the Holders of the requisite percentage aggregate principal amount of the Notes in accordance with Article IX 9 hereof; or
(5e) with respect if and to the assets of any Guarantor, at extent required by the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04Intercreditor Agreement.
Appears in 1 contract
Samples: Restructuring Support Agreement (Global Brokerage, Inc.)
Release of Liens in Respect of Notes. The Notes Collateral TrusteeAgent’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders of the Notes and such Obligations to the benefits and proceeds of the Notes Collateral TrusteeAgent’s Liens on the Collateral will terminate and be dischargeddischarged with respect to the Collateral:
(1) in part, upon the a sale of Collateral in accordance with this Indenture;
(2) in whole, upon satisfaction and discharge of this Indenture, in accordance with Article XI hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII Indenture as described under Section 12.01 hereof;
(3) in whole, upon a legal defeasance or covenant defeasance of the Notes as described under Article 8 hereof;
(4) in whole, upon payment in full and discharge of all Notes outstanding under this Indenture and all Obligations that are outstanding, due and payable under this Indenture at the time the Notes are paid in full and discharged;
(45) in whole or in part, with the consent of the Holders of the requisite percentage of the Notes in accordance with Article IX the provisions described in Section 9.02 hereof; or
(56) with respect if and to the assets extent required by the provisions of the Security Documents. For the avoidance of doubt, the Company and the Guarantors will not be required to comply with all or any Guarantor, at portion of Section 314(d) of the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04TIA.
Appears in 1 contract
Samples: Indenture (Urban One, Inc.)
Release of Liens in Respect of Notes. The Collateral NIRAN Trustee’s Liens upon the Collateral will no longer secure the Notes outstanding under this Indenture or any other Obligations under this Indenture, and the right of the Holders and such Obligations to the benefits and proceeds of the Collateral Trustee’s Liens on the Collateral will terminate and be discharged:
(1a) upon the satisfaction and discharge of this Indenture, in accordance with Article XI hereof;
(2) upon a Legal Defeasance or Covenant Defeasance of the Notes in accordance with Article VIII hereof;
(3b) upon payment in full in cash and discharge of all Notes outstanding under this Indenture and all other Notes Obligations hereunder that are outstanding, due and payable under this Indenture and the Security Agreement at the time the Notes are paid in full in cash and dischargeddischarged (other than contingent indemnity obligations for which no claim has been made);
(4c) with respect to NIRAN Collateral Specified Interests in specific Policies, under the circumstances set forth in the Security Agreement;
(d) as otherwise provided in the Security Agreement, the Accounts Agreement and this Indenture; and
(e) in whole or in part, with the consent of the Holders of the requisite percentage aggregate principal amount of the Notes in accordance with Article IX 9 hereof; or
(5) with respect to the assets of any Guarantor, at the time such Guarantor is released from its Note Guarantee in accordance with Section 10.04.
Appears in 1 contract
Samples: Indenture (Life Partners IRA Holder Partnership, LLC)