Common use of Release of Subsidiary Guarantor Clause in Contracts

Release of Subsidiary Guarantor. (a) Upon the sale or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company and as permitted by this Indenture and if in connection therewith the Company provides an Officers' Certificate to the Trustee to the effect that the Company will comply with its obligations under Section 4.06), such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder.

Appears in 3 contracts

Samples: Indenture (International Wire Group Inc), Indenture (International Wire Group Inc), International Wire Rome Operations, Inc.

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Release of Subsidiary Guarantor. Upon (ai) Upon the sale (including any sale upon a foreclosure or exercise of security interests) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or (ii) the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor in accordance with the provisions of this Indenture and, in the case of (in each case i) and (ii) above, other than a sale or disposition to the Company or an Affiliate of the Company and as permitted by this Indenture and if in connection therewith the Company provides an Officers' Certificate to the Trustee to the effect that the Company will comply with its obligations under Section 4.06)Company, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 2 contracts

Samples: Indenture (Wolverine Tube Inc), Indenture (Wt Holding Company, Inc)

Release of Subsidiary Guarantor. (a) Upon the sale or other disposition (including by way of consolidation or merger) of a any Subsidiary Guarantor other than to the Company or an Affiliate of the Company, the sale or disposition of all or substantially all the assets of such Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company and Company) or the designation of such Subsidiary Guarantor as permitted by this Indenture and if an Unrestricted Subsidiary, in connection therewith the Company provides an Officers' Certificate each case pursuant to the Trustee to the effect that the Company will comply with its obligations under Section 4.06)terms of this Indenture, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Samples: Pathmark Stores Inc

Release of Subsidiary Guarantor. Upon (a) Upon the sale or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or Guarantor, (b) the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor or (c) the designation of such Subsidiary Guarantor (as an Unrestricted Subsidiary, in each case in accordance with the provisions of this Indenture and, in the case of clauses (a) and (b) above, other than a sale or disposition to the Company or an Affiliate of the Company and as permitted by this Indenture and if in connection therewith the Company provides an Officers' Certificate to the Trustee to the effect that the Company will comply with its obligations under Section 4.06)Company, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder.. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release. ARTICLE 11

Appears in 1 contract

Samples: Especialty Brands LLC

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Release of Subsidiary Guarantor. (a) Upon the sale or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such a Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company and as permitted by this Indenture and Company), or if in connection therewith the Company provides properly designates any Restricted Subsidiary that is a Subsidiary Guarantor as an Officers' Certificate to Unrestricted Subsidiary in accordance with the Trustee to the effect that the Company will comply with its obligations under Section 4.06)applicable provisions of this Indenture, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Samples: Hyster Overseas Capital Corp LLC

Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Senior Indebtedness) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor or the sale or disposition of all or substantially all the assets of such a Subsidiary Guarantor (in each case other than a sale or disposition to the Company or an Affiliate of the Company and Company), or the designation of such Subsidiary Guarantor as permitted by this Indenture and if in connection therewith the Company provides an Officers' Certificate Unrestricted Subsidiary pursuant to the Trustee to the effect that the Company will comply with its obligations under Section 4.06)terms hereof, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 11 without any further action required on the part of the Trustee or any Holder. At the request of the Company, the Trustee shall execute and deliver an appropriate instrument evidencing such release.

Appears in 1 contract

Samples: Interactive Media Corp

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