Released Property. So long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Issuer (action on behalf of itself or any Guarantor) shall be entitled to obtain a release of, and the Trustee shall release, Collateral (other than Trust Monies and other than monies and U.S. Government Obligations deposited pursuant to Article 8) specified by the Issuer ("Released Property") provided (i) the fair market value of the Released Property in any single transaction, or series of related transactions, shall not exceed $1,000,000, and (ii) prior to granting such release, the Issuer shall provide the Trustee with the following: (i) an Issuer Order requesting release of Released Property, such Issuer Order (A) specifically describing the proposed Released Property, (B) specifying the fair market value of such Released Property on a date within 60 days of the Issuer Order, (C) stating that the release of such Released Property will not interfere with or impede the Trustee's ability to realize the value of the remaining Collateral and will not impair the maintenance and operation of the remaining Collateral and (D) stating that the fair market value of such Released Property does not exceed $1,000,000; (ii) an Officers' Certificate certifying that no Default or Event of Default has occurred and is continuing or will occur as a result of the release of the Released Property, and all conditions precedent to such release have been complied with; and (iii) all documentation required by the TIA (including, without limitation, TIA Section 314(d)), if any, prior to the release of the Released Property by the Trustee. Upon compliance by the Issuer with the conditions precedent set forth above, the Trustee shall cause to be released and reconveyed to the Issuer without recourse the aforementioned items of Collateral by executing a release in the form provided by the Issuer.
Appears in 1 contract
Released Property. So long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Issuer Company (action acting on behalf of itself or any Subsidiary Guarantor) shall be entitled to obtain a release of, and the Trustee shall release, Collateral (other than Trust Monies and other than monies and U.S. Government Obligations deposited pursuant to Article 8) 8 or Article 14) specified by the Issuer Company ("Released Property") provided (i) the fair market value of the Released Property in any single transaction, or series of related transactions, shall not exceed $1,000,000100,000, and (ii) prior to granting such release, the Issuer Company shall provide the Trustee with the following:
(i) an Issuer A Company Order requesting release of Released Property, such Issuer Company Order (A) specifically describing the proposed Released Property, (B) specifying the fair market value of such Released Property on a date within 60 days of the Issuer Company Order, (C) stating that the release of such Released Property will not interfere with or impede the Trustee's ability to realize the value of the remaining Collateral and will not impair the maintenance and operation of the remaining Collateral and (D) stating that the fair market value of such Released Property does not exceed $1,000,000100,000;
(ii) an An Officers' Certificate certifying that no Default or Event of Default has occurred and is continuing or will occur as a result of the release of the Released Property, and all conditions precedent to such release have been complied with; and
(iii) all All documentation required by the TIA (including, without limitation, TIA Section 314(d)), if any, prior to the release of the Released Property by the Trustee. Upon compliance by the Issuer Company with the conditions precedent set forth above, the Trustee shall cause to be released and reconveyed to the Issuer Company without recourse the aforementioned items of Collateral by executing a release in the form provided by the IssuerCompany.
Appears in 1 contract
Samples: Indenture (RBX Corp)
Released Property. So long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Issuer Company (action acting on behalf of itself or any Subsidiary Guarantor) shall be entitled to obtain a release of, and the Trustee shall release, Collateral (other than Trust Monies and other than monies and U.S. Government Obligations deposited pursuant to Article 8) specified by the Issuer Company ("Released Property") provided (i) the fair market value of the Released Property in any single transaction, or series of related transactions, shall not exceed $1,000,000100,000, and (ii) prior to granting such release, the Issuer Company shall provide the Trustee with the following:
(i) an Issuer A Company Order requesting release of Released Property, such Issuer Company Order (A) specifically describing the proposed Released Property, (B) specifying the fair market value of such Released Property on a date within 60 days of the Issuer Company Order, (C) stating that the release of such Released Property will not interfere with or impede the Trustee's ability to realize the value of the remaining Collateral and will not impair the maintenance and operation of the remaining Collateral and (D) stating that the fair market value of such Released Property does not exceed $1,000,000100,000;
(ii) an An Officers' Certificate certifying that no Default or Event of Default has occurred and is continuing or will occur as a result of the release of the Released Property, and all conditions precedent to such release have been complied with; and
(iii) all All documentation required by the TIA (including, without limitation, TIA Section 314(d)), if any, prior to the release of the Released Property by the Trustee. Upon compliance by the Issuer Company with the conditions precedent set forth above, the Trustee shall cause to be released and reconveyed to the Issuer Company without recourse the aforementioned items of Collateral by executing a release in the form provided by the IssuerCompany.
Appears in 1 contract
Samples: Indenture (RBX Corp)
Released Property. So long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Issuer Company (action acting on behalf of itself or any Subsidiary Guarantor) shall be entitled to obtain a release of, and the Trustee shall release, Collateral (other than Trust Monies and other than monies and U.S. Government Obligations deposited pursuant to Article 8) 8 or Article 14) specified by the Issuer Company ("Released PropertyRELEASED PROPERTY") provided (i) the fair market value of the Released Property in any single transaction, or series of related transactions, shall not exceed [$1,000,000100,000], and (ii) prior to granting such release, the Issuer Company shall provide the Trustee with the following:
(i) an Issuer A Company Order requesting release of Released Property, such Issuer Company Order (A) specifically describing the proposed Released Property, (B) specifying the fair market value of such Released Property on a date within 60 days of the Issuer Company Order, (C) stating that the release of such Released Property will not interfere with or impede the Trustee's ability to realize the value of the remaining Collateral and will not impair the maintenance and operation of the remaining Collateral and (D) stating that the fair market value of such Released Property does not exceed [$1,000,000100,000];
(ii) an An Officers' Certificate certifying that no Default or Event of Default has occurred and is continuing or will occur as a result of the release of the Released Property, and all conditions precedent to such release have been complied with; and
(iii) all All documentation required by the TIA (including, without limitation, TIA Section 314(d)), if any, prior to the release of the Released Property by the Trustee. Upon compliance by the Issuer Company with the conditions precedent set forth above, the Trustee shall cause to be released and reconveyed to the Issuer Company without recourse the aforementioned items of Collateral by executing a release in the form provided by the IssuerCompany.
Appears in 1 contract
Samples: Indenture (RBX Corp)