Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 13 contracts
Samples: Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.), Indenture (Berry Global Group, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary and requested by the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 8 contracts
Samples: Merger Agreement, Indenture (Verso Paper Holdings LLC), Indenture (NewPage Holdings Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been duly defeased or satisfied and discharged by complying with the provisions of Article 8 and Section 7.07 or by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article 8), and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 5 contracts
Samples: Indenture (iHeartCommunications, Inc.), Indenture (Clear Channel Communications Inc), Indenture (Clear Channel Communications Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by complying with the provisions of Article 8 and Section 7.07 or by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article 8), and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 4 contracts
Samples: Indenture (Momentive Specialty Chemicals Inc.), Indenture (Hexion Specialty Chemicals, Inc.), Indenture (Hexion Specialty Chemicals, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 4 contracts
Samples: Indenture (Talos Energy Inc.), Exchange Agreement (Talos Energy Inc.), Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 4 contracts
Samples: Indenture (Mariner, LLC), Indenture (Harrahs Entertainment Inc), Indenture (Gnoc Corp.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance discharge of this Indenture occurs under Article 8Four, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee or the Holders and shall, at shall (or shall direct the expense of the Issuer, Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 4 contracts
Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ ' Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s 's obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 88 or 12 (provided that in the case of this clause (ii), no Notes are then outstanding), the Trustee shall deliver to the Issuer and the Collateral Second Lien Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Second Lien Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 4 contracts
Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)
Release Upon Termination of the Issuer’s Obligations. In the event that (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 3 contracts
Samples: Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Quartz, Inc.), Indenture (Momentive Performance Materials Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event that the Issuers deliver to the Trustee an Officer’s Certificate certifying that (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations principal of, together with accrued and unpaid interest on, the Secured Notes and all other Obligations under this Indenture, such Secured Notes, the Securities, this Indenture related Note Guarantees and the Security DocumentsDocuments that were due and payable at or prior to the time such principal, together with accrued and all such obligations have been so satisfiedunpaid interest, were paid or (ii) a dischargethe Issuers shall have either (x) exercised their Legal Defeasance option or their Covenant Defeasance option, legal defeasance in each case in compliance with the provisions of Article 8 or covenant defeasance of (y) satisfied and discharged this Indenture occurs under in compliance with the provisions of Article 811, and in each case of (i) and (ii), an Opinion of Counsel stating that all conditions precedent to the release of such Lien in the Collateral by the Trustee have been satisfied, the Trustee and the Notes Collateral Agent shall deliver to the Issuer and the Collateral Agent Issuers a notice stating that the Trustee, on behalf release of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee without recourse, representations or warranties and shall, at the expense of the Issuer, shall do or cause to be done (at the expense of the Issuers) all acts reasonably necessary requested of them to release such Lien as soon as is reasonably practicable.
Appears in 3 contracts
Samples: Intercreditor Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, without recourse, representation or warranty, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 3 contracts
Samples: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at shall (or shall direct the expense of the Issuer, Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 3 contracts
Samples: Indenture (CAESARS ENTERTAINMENT Corp), Indenture (CAESARS ENTERTAINMENT Corp), Indenture (Harrahs Entertainment Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer Holdings delivers to the Trustee, in form and substance acceptable with a copy to itthe Notes Collateral Agent, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Notes Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Notes Collateral Agent of such notice, the Notes Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer Holdings delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Notes Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Notes Collateral Agent of such notice, the Notes Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations Obligations under the SecuritiesNotes, this Indenture Indenture, the Guarantees and the Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, without recourse or warranty, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (SeaWorld Entertainment, Inc.), Indenture (SeaWorld Entertainment, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (New Holding, Inc.), Indenture (New Holding, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the Securities, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities and the Security Collateral Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the Securities, this Indenture and the Security Collateral Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Collateral Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee, and the Trustee shall (and shall, at direct the expense of the Issuer, Collateral Agent to) do or cause to be done done, at the Issuers’ sole cost and expense, all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations Issuers’ Obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the First-Priority Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the First- Priority Collateral Agent of such notice, the First-Priority Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfiedsatisfied (other than those obligations described in Section 8.01(c)), or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee, and the Trustee and shall, at shall (or shall direct the expense of the Issuer, Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (Vici Properties Inc.), Indenture (Vici Properties Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, Trustee in form and substance acceptable to it, accordance with Section 12.02 an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Indenture and the Security Documents Notes have been satisfied and discharged by the payment in full in immediately available funds of the Issuer’s Issuers’ obligations under the Securities, Notes and this Indenture and the Security DocumentsIndenture, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicableHolders.
Appears in 2 contracts
Samples: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security other Indenture Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes Obligations, this Indenture and the Security other Indenture Documents, and all such obligations Notes Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense each of the Issuer, Trustee and the Collateral Agent shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 2 contracts
Samples: Indenture (FTS International, Inc.), Indenture (FTS International, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations Issuers’ Obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the First-Priority Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the First-Priority Collateral Agent of such notice, the First-Priority Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Exela Technologies, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers and the Company deliver to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuer, the Company and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer QD LLC delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer QD LLC and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Quality Distribution Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer Holdings delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Second Lien Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Second Lien Collateral Agent of such notice, the Second Lien Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (MBOW Four Star, L.L.C.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 88 (provided that in the case of this clause (ii), no Floating Rate Notes are then outstanding), the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Verso Sartell LLC)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 88 or 13, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee, and the Trustee shall (and shall, at direct the expense of the Issuer, Collateral Agent to) do or cause to be done done, at the Issuer’s sole cost and expense, all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Toys R Us Inc)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII or XI hereof, the Trustee shall deliver to the Issuer and the Collateral each Security Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral each Security Agent of such notice, the Collateral each Security Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done done, at the Issuer’s sole cost and expense, all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (UTAC Holdings Ltd.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents (other than any contingent indemnification obligations or expense reimburse claims not then due) have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance discharge of this Indenture occurs under Article 8XII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the HoldersNoteholder Parties, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Wolfspeed, Inc.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Note Security Documents have been satisfied and discharged by complying with the provisions of Article 8 and Section 7.07 or by the payment in full of the Issuer’s obligations Issuers’ Obligations under the SecuritiesNotes, this Indenture and the Note Security Documents, and all such obligations Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8, the Trustee shall deliver to the Issuer Issuers and the Parity Junior Lien Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the CollateralCollateral (other than with respect to funds held by the Trustee pursuant to Article 8), and any rights it has under the Note Security Documents, and upon receipt by the Parity Junior Lien Collateral Agent of such notice, the Parity Junior Lien Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (Neff Finance Corp.)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, Trustee an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations Notes Obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations Issuers’ Notes Obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations Notes Obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8Eight, the Trustee shall deliver to the Issuer Issuers and the Notes Collateral Agent a notice stating that the Trustee, on behalf of the Holders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Notes Collateral Agent of such notice, the Notes Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuers to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers Issuers deliver to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s Issuers’ obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer Issuers and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at shall (or shall direct the expense of the Issuer, Collateral Agent to) do or cause to be done all acts reasonably necessary to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable with a copy to itthe Notes Collateral Agent, an Officers’ Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities and the Security Note Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Notes Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Notes Collateral Agent of such notice, the Notes Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (LiveWatch Security, LLC)
Release Upon Termination of the Issuer’s Obligations. In the event (i) that the Issuer delivers to the Trustee, in form and substance acceptable to it, an Officers’ Officer’s Certificate and Opinion of Counsel certifying that all the obligations under this Indenture, the Securities Notes and the Security Documents have been satisfied and discharged by the payment in full of the Issuer’s obligations under the SecuritiesNotes, this Indenture and the Security Documents, and all such obligations have been so satisfied, or (ii) a discharge, legal defeasance or covenant defeasance of this Indenture occurs under Article 8VIII, the Trustee shall deliver to the Issuer and the Collateral Agent a notice stating that the Trustee, on behalf of the Holdersholders, disclaims and gives up any and all rights it has in or to the Collateral, and any rights it has under the Security Documents, and upon receipt by the Collateral Agent of such notice, the Collateral Agent shall be deemed not to hold a Lien in the Collateral on behalf of the Trustee and shall, at the expense of the Issuer, shall do or cause to be done all acts reasonably necessary at the request and expense of the Issuer to release such Lien as soon as is reasonably practicable.
Appears in 1 contract
Samples: Indenture (TAMINCO ACQUISITION Corp)