Release of the Guarantee. The Guarantee shall be automatically and unconditionally released and discharged under this Indenture upon the discharge of the Company’s obligations under this Indenture in accordance with the terms of this Indenture. At the request of the Company and upon delivery of an Officer’s Certificate and Opinion of Counsel, the Trustee shall execute any documents reasonably requested by the Company in order to evidence the release of the Guarantor from its obligations under the Guarantee.
Release of the Guarantee. The Guarantor shall be automatically and unconditionally released and discharged from all obligations under the Indenture and the Guarantee without any action required on the part of the Trustee or any Holder upon the occurrence of the Distribution (so long as the other transactions constituting the Spin-Off have occurred). The Guarantor’s Guarantee shall also terminate upon defeasance or discharge of the Notes, as provided in “Defeasance.”
Release of the Guarantee. The Guarantee will be automatically released, and the Guarantor’s obligations under the Guarantee will be automatically released and discharged, and, in each case, be of no future force and effect, upon the occurrence of any of the following events:
Release of the Guarantee. In the event of lack of payment of the Rent Amount, of any charges, and/or of any related sums, or in the event of any contractual non-performance that triggers application of the fine set forth herein against the Lessee, the Developer Lessor may, always upon at least thirty (30) days’ advance notice to the lessee, request the release of the surety bond offered, it being understood that any differences still existing shall be offset in due time.
Release of the Guarantee. The Guarantee will be automatically released upon:
Release of the Guarantee. The Guarantor will be released and relieved of any obligations under the Subsidiary Guarantee upon:
Release of the Guarantee. This Assignor Guarantee shall remain in full force and effect until the date all amounts payable in respect of the Guaranteed Obligations have been irrevocably repaid or paid in full (including, but not limited to, interest, fees and indemnities). Thereafter SEK shall, upon the Assignor’s request and cost (i) confirm in writing that it no longer has any claims hereunder and (ii) do all such things, take all such steps or actions and execute all such documents and/or declarations as may be necessary or appropriate to give effect to, evidence or perfect the full releases of the Assignor Guarantee.
Release of the Guarantee. In addition to any provisions contained in the Indenture for release of a Guarantor's guarantee obligations, this Guarantee shall be automatically and unconditionally released and discharged with respect to a Subsidiary Guarantor without any further action required on the part of the Trustee or any Holder, upon (i) the unconditional release of such Subsidiary Guarantor from its liability in respect of the Credit Agreement Guarantee; or (ii) any sale or other disposition (by merger or otherwise) to any Person which is not a Restricted Subsidiary of the Company of all of the Company's direct or indirect Capital Stock in, or all or substantially all of the assets of, such Restricted Subsidiary; provided that (a) such sale or disposition of such Capital Stock or assets is otherwise in compliance with the terms of the Indenture and (b) the Credit Agreement Guarantee has been released by the lenders under the Credit Agreement.
Release of the Guarantee. (a) Subject to Sections 3 and 8(b), the Guarantee given by the Guarantor will be released upon: (1) repayment in full of the principal and accrued and unpaid interest on the Convertible Note and all other amounts payable by the Issuer; or (2) (i) conversion of the entire principal amount of the Convertible Note into CGHL Shares and repayment in full of accrued and unpaid interest on the Convertible Note; (ii) exchange of the entire principal amount of the Convertible Note for CTDC Shares and repayment in full of accrued and unpaid interest on the Convertible Note; or (iii) any combination of (i) and (ii) above. Upon the written request of the Issuer, the Holder will execute and deliver an instrument evidencing such release and discharge.
Release of the Guarantee. After the Guarantee is approved by the Guangxi Court and becomes effective, the Company shall have the right to request Chengtong Coal Investment, by way of a written notice, to apply to the Guangxi Court for the release of the Guarantee. Upon receiving such written request, Chengtong Coal Investment shall, within 10 business days from the issue date of such written request, apply to the Guangxi Court for the release of the Guarantee, and shall provide alternative assets in replacement of the Relevant Properties in order to facilitate the release of the Guarantee. Within 10 business days after receiving the approval of the Guangxi Court for releasing the Guarantee, the Company shall refund part of the arrangement fee to Chengtong Coal Investment. The amount to be refunded shall be calculated on a pro-rata basis based on the number of days corresponding to the period covered by the arrangement fee paid for the then current year and the actual number of days during which the Guarantee has subsisted in the same period. In the event that Chengtong Coal Investment fails to perform its aforesaid obligations in relation to the release of the Guarantee or that the application for the release of the Guarantee is not approved by the Guangxi Court, Chengtong Coal Investment shall indemnify the Company and/or Chengtong Development Trading in full for its loss caused by such failure. Extension of the guarantee period: If the guarantee period as approved by the Guangxi Court exceeds 3 years, the Company and Chengtong Coal Investment may enter into a supplemental agreement to extend the guarantee period. If it is expected that the Property Preservation Order will remain subsisting and that the Guarantee will continue to be required in support for the same upon the expiry of the guarantee period, Chengtong Coal Investment may serve a notice in writing to the Company not later than one month before the expiry of the then guarantee period, requesting for an extension. Commencement and termination of the Guarantee Agreement: The Guarantee Agreement shall become effective upon signing by both parties and, subject to the following, shall continue to be in force until the Guarantee is released in full. In the event that the Guarantee is not approved by the Guangxi Court, Chengtong Coal Investment shall return the Guarantee Letter to Chengtong Development Trading within 10 business days and thereafter the Guarantee Agreement shall be terminated forthwith. INDEMNITY DEED Also on ...
