Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or (e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor shall be 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
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Release of Subsidiary Guarantor. Any 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:
(a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a such Subsidiary Guarantor; ;
(b) upon the sale or disposition of all or substantially all the assets of a such Subsidiary Guarantor; ;
(c) if a such Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness any under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets IndebtednessExisting Notes; or
(d) upon designation of a such Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or (e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor (if any) shall be 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 provided to it evidencing the release of a any Subsidiary Guarantor pursuant to this Section 10.05.
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Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 VIII hereof or if its obligations under this the Indenture are discharged in accordance with Section 8.06 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article 10 X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Samples: Indenture (Dana Holding Corp)
Release of Subsidiary Guarantor. A 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:
(a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ;
(b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ;
(c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets Domestic Indebtedness; ;
(d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or or
(e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor shall be 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 VIII hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article 10 X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Samples: Indenture (Dana Inc)
Release of Subsidiary Guarantor. A 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:
(a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ;
(b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ;
(c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets Domestic Indebtedness; ;
(d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or or
(e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor shall be 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 provided to it evidencing the release of a Subsidiary Guarantor pursuant to this Section 10.05.
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Release of Subsidiary Guarantor. A 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:
(a) Upon upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; ;
(b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; ;
(c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) any Credit Facility of the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) Company or (iii) any Material Capital Markets Indebtedness; Domestic Subsidiary;
(d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or or
(e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor shall be 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise or other disposition of remedies by a holder of Indebtedness all of the Company assets of any Subsidiary Guarantor, by way of merger, consolidation or otherwise, or a sale or other disposition of all of the Capital Stock of such Subsidiary Guarantor, in each case in accordance with the terms of Section 10.10, such Subsidiary Guarantor (in the event of a sale or other disposition, by way of such a merger, consolidation or otherwise of all the Capital Stock of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed automatically released from all its obligations under this Article 10 the Indenture and the Subsidiary Guarantee without any further action required on the part of the Trustee or the Holders. The Trustee shall receive written notice of the release of any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 hereof, each Subsidiary Guarantor shall be released from all obligations if such release is effected other than 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 Section 10.10.
(b) Upon the release of a Guarantee by a Subsidiary Guarantor pursuant of the Company's obligations under the Credit Agreement, the Subsidiary Guarantee of such Subsidiary under this Indenture will be released and discharged at such time and will not be reinstated or renewed in the event any such Subsidiary thereafter Guarantees obligations of the Company under the Credit Agreement, so long as the Guarantee by such Subsidiary under the Credit Agreement remains released (i) until the next succeeding refinancing, restatement, renewal, extension or replacement of the Credit Agreement or amendment to this Section 10.05increase the available principal amount thereunder, or (ii) for a period of 90 consecutive days, whichever is later. SECTION 10.
Appears in 1 contract
Samples: Indenture (Menasco Aerosystems Inc)
Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary GuarantorGuarantor after which such Subsidiary Guarantor is no longer a Subsidiary of the Company; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary GuarantorGuarantor (other than to the Company or a Subsidiary or an Affiliate of the Company); (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) any Credit Facility or capital markets Indebtedness of the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) Company or (iii) any Material Capital Markets Indebtednessother Subsidiary Guarantor; or (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this Indenture; or (e) at the Company’s election, during any Suspension Period, 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. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 VIII hereof or if its obligations under this Indenture are discharged in accordance with Section 8.06 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article 10 X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Samples: Indenture (Visteon Corp)
Release of Subsidiary Guarantor. (a) Upon the sale (including any sale pursuant to any exercise of remedies by a holder of Indebtedness of the Company or of such Subsidiary Guarantor) or other disposition (including by way of consolidation or merger) of a Subsidiary Guarantor; (b) upon the sale or disposition of all or substantially all the assets of a Subsidiary Guarantor; (c) if a Subsidiary Guarantor no longer guarantees or is otherwise obligated under (i) the Credit Agreement, (ii) Indebtedness under Credit Facilities incurred in reliance on Section 4.07(b)(1) or (iii) any Material Capital Markets capital markets Indebtedness; (d) upon designation of a Subsidiary Guarantor as an Unrestricted Subsidiary pursuant to the terms of this the Indenture; or (e) at the Company’s election, during any Suspension Period, such Subsidiary Guarantor shall be deemed released from all obligations under this Article 10 X without any further action required on the part of the Trustee or any Holder. If the Company exercises its Legal Defeasance option or its Covenant Defeasance option in accordance with the provisions of Article 8 VIII hereof or if its obligations under this the Indenture are discharged in accordance with Section 8.06 8.02 hereof, each Subsidiary Guarantor shall be released from all obligations under this Article 10 X 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 the release of a Subsidiary Guarantor pursuant to this Section 10.05.
Appears in 1 contract
Samples: Indenture (Dana Inc)