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: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (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: Agreement and Plan of Merger, Collateral Agreement (Verso Paper Holdings LLC), Collateral Agreement (Verso Paper 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 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 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 (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 (Borden Chemical 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: Supplemental Indenture (Mariner, LLC), Supplemental Indenture (Harrahs Entertainment Inc), Indenture (Harrahs Entertainment 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.), Supplemental Indenture (Momentive Performance Materials 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: Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.), Supplemental 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: Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (CAESARS ENTERTAINMENT Corp), Supplemental Indenture (Harrahs Entertainment 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, 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 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 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 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: Supplemental Indenture (EP Energy Corp), Supplemental 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 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: Supplemental Indenture (EP Energy Corp), Supplemental Indenture (EP Energy Corp)
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’ 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, 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: Supplemental Indenture (SeaWorld Entertainment, Inc.), Supplemental 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, 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 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 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
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 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
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
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.
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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.
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Samples: Supplemental Indenture (DS Services of America, 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 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.
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Samples: Supplemental Indenture (Quality Care Properties, 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.
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Samples: Indenture (Neff Finance Corp.)
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.
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