Common use of Release of Note Guarantees Clause in Contracts

Release of Note Guarantees. The Note Guarantee issued by any Subsidiary Guarantor will be automatically and unconditionally released and discharged upon: (i) any sale, exchange or transfer to any Person (other than a Subsidiary of the Company) of any of the Capital Stock of such Subsidiary Guarantor; (ii) in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance with the terms of this Indenture; (iii) the release or discharge of the guarantee by such Subsidiary Guarantor of Indebtedness of the Company or the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary Guarantor, in each case which resulted in the obligation to Guarantee the Notes or if such Subsidiary no longer Guarantees the Credit Agreement; provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt of the Company or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes; (iv) if the Notes are rated Investment Grade by both Rating Agencies and no Default or Event of Default shall have occurred and then be continuing; (v) in the event of liquidation or dissolution of such Subsidiary or Guarantor; or (vi) if the Notes are defeased or discharged in accordance with the terms of this Indenture.

Release of Note Guarantees. The Note Guarantee issued by of any Subsidiary Guarantor will be automatically and unconditionally released and discharged upondischarged: (i) upon any sale, exchange or transfer (including by way of merger or consolidation) to any Person (other than a Subsidiary an Affiliate of the Company) of any all of the Capital Stock of such Subsidiary Guarantor; (ii) in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance with the terms of this Indenture; (iii) upon the release or discharge of the guarantee by such Subsidiary Guarantor of Indebtedness of the Company or the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary Guarantor, in each case which resulted in the obligation to Guarantee the Notes or if such Subsidiary no longer Guarantees the Credit AgreementNotes; provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt Indebtedness of the Company or any Subsidiary Guarantor or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes; (iviii) if the Notes are rated Investment Grade by both Rating Agencies and no Default or Event of Default shall have occurred and then be continuing; (v) in the event of liquidation or dissolution of such Subsidiary or Guarantor; or (viiv) if the Notes are defeased or discharged in accordance with the terms of this Indenture. If the Note Guarantee of any Subsidiary Guarantor is deemed to be released or is automatically released, the Company shall deliver to the Trustee an Officers’ Certificate stating the identity of the released Subsidiary Guarantor, the basis for release in reasonable detail, and that such release complies with this Indenture. At the request of the Company and upon being provided an Officers’ Certificate and an Opinion of Counsel complying with Section 11.04, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Release of Note Guarantees. The Note Guarantee issued by of any Subsidiary Guarantor will be automatically and unconditionally released and discharged upon: (i) any sale, exchange or transfer (including by way of merger or consolidation) to any Person (other than a Subsidiary an Affiliate of the Company) of any all of the Capital Stock of such Subsidiary Guarantor; (ii) in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance with the terms of this Indenture; (iii) the release or discharge of the guarantee by such Subsidiary Guarantor of Indebtedness of the Company or the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary Guarantor, in each case which resulted in the obligation to Guarantee the Notes or if such Subsidiary no longer Guarantees the Credit AgreementNotes; provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt Indebtedness of the Company or any Subsidiary Guarantor or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes;. (iviii) if the Notes are rated Investment Grade by both Rating Agencies and no Default or Event of Default shall have occurred and then be continuing; (v) in the event of liquidation or dissolution of such Subsidiary or Guarantor; or (viiv) if the Notes are defeased or discharged in accordance with the terms of this Indenture.

Release of Note Guarantees. The Note Guarantee issued by of any Subsidiary Guarantor will be automatically and unconditionally released and discharged upon: (i) any sale, exchange or transfer to any Person (other than a Subsidiary the satisfaction and discharge of the Company) of any of the Capital Stock of such Subsidiary Guarantor; (ii) this Indenture in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance accordance with the terms of this Indenture; (ii) the sale, exchange or transfer (including by way of merger or consolidation) to any Person or Persons (other than an Affiliate or Affiliates of the Company) of all of the Capital Stock of such Subsidiary Guarantor; or (iii) the release or and discharge of the guarantee Guarantee by such Subsidiary Guarantor of Indebtedness of the Company or the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary Guarantor, in each case which resulted in the obligation to Guarantee the Notes or if Securities (including, in the case of an Initial Subsidiary Guarantor, the release and discharge of all Guarantees by such Initial Subsidiary no longer Guarantees Guarantor of the Company’s obligations under the Company’s debt securities and the Credit Agreement; Agreement outstanding on the Closing Date), provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt Indebtedness of the Company or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes; (iv) if Securities and such other Guarantee has not also been unconditionally released and discharged. At the Notes are rated Investment Grade by both Rating Agencies request of the Company and no Default or Event upon being provided an Officer’s Certificate and an Opinion of Default Counsel complying with Section 12.04, the Trustee shall have occurred execute and then be continuing; (v) in the event of liquidation or dissolution of deliver an appropriate instrument evidencing such Subsidiary or Guarantor; or (vi) if the Notes are defeased or discharged in accordance with the terms of this Indenturerelease.

Release of Note Guarantees. The Note Guarantee issued by any Subsidiary Guarantor will be automatically and unconditionally released and discharged upon: (i) any sale, exchange or transfer to any Person (other than a Subsidiary of the Company) of any of the Capital Stock of such Subsidiary Guarantor; (ii) in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance with the terms of this Indenture; (iii) the release or discharge of the guarantee Guarantee by such Subsidiary Guarantor (other than York) of Indebtedness of the Company or under the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary GuarantorCredit Agreement and, in each the case which resulted in of York, at such time as York ceases to be a co-issuer under the obligation to Guarantee the Company’s 3.125% Convertible Notes or if such Subsidiary no longer Guarantees due 2013 and is released and discharged under the Credit Agreement; provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt of the Company or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes; (iv) if the Notes are rated Investment Grade by both Rating Agencies and no Default or Event of Default shall have occurred and then be continuing; (v) in the event of liquidation or dissolution of such Subsidiary or Guarantor; or (vi) if the Notes are defeased or discharged in accordance with the terms of this Indenture.

Release of Note Guarantees. The Note Guarantee issued by of any Subsidiary Guarantor will be automatically and unconditionally released and discharged upon: (i) any sale, exchange or transfer (including by way of merger or consolidation) to any Person (other than a Subsidiary an Affiliate of the Company) of any all of the Capital Stock of such Subsidiary Guarantor; (ii) in the event all or substantially all the assets or Capital Stock of a Subsidiary Guarantor are sold or otherwise transferred, by way of merger, consolidation or otherwise, to a Person in compliance with the terms of this Indenture; (iii) the release or discharge of the guarantee by such Subsidiary Guarantor of Indebtedness of the Company or the repayment of the Indebtedness (or Attributable Debt) of such Subsidiary Guarantor, in each case which resulted in the obligation to Guarantee the Notes or if such Subsidiary no longer Guarantees the Credit AgreementNotes; provided that such Subsidiary Guarantor has not Guaranteed any other Funded Debt Indebtedness of the Company or any Subsidiary Guarantor or incurred or otherwise become liable for any other Indebtedness (or Attributable Debt) which would have resulted in an obligation to Guarantee the Notes;. (iviii) if the Notes are rated Investment Grade by both Rating Agencies and no Default or Event of Default shall have occurred and then be continuing; (v) in the event of liquidation or dissolution of such Subsidiary or Guarantor; or (viiv) if the Notes are defeased or discharged in accordance with the terms of this Indenture. At the request of the Company and upon being provided an Officers’ Certificate and an Opinion of Counsel complying with Section 11.04, the Trustee shall execute and deliver an appropriate instrument evidencing such release.