Satisfaction and Discharge of Bonds. Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trust: (a) money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or (b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or (c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 4 contracts
Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)
Satisfaction and Discharge of Bonds. Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trust:
(a) money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected by the Bond Registrar as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 2 contracts
Samples: Security Agreement and Mortgage (Pacific Gas & Electric Co), Indenture of Mortgage (Pg&e Corp)
Satisfaction and Discharge of Bonds. (a) Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trusttrust for the benefit of the Holders of the Bonds:
(ai) money (including Funded Cash not otherwise applied pursuant to Section 8.078.06) in an amount which shall be sufficient, or
(bii) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(ciii) a combination of (ai) or and (bii) which shall be sufficient sufficient, to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected by the Bond Registrar as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee and the Bond Registrar to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 2 contracts
Samples: Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.), Open End Mortgage, General Mortgage Indenture and Deed of Trust (Vistra Corp.)
Satisfaction and Discharge of Bonds. Any Bond or BondsExcept as otherwise provided with respect to the Bonds of any series in the Series Supplemental Indenture relating thereto, or any portion the Bonds of such series shall, prior to the Stated Maturity thereof (or, if principal is payable in installments, the Stated Maturity of the final installment of principal amount thereof), shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with upon satisfaction of the Trustee or any Paying Agent (other than the Company), in trustfollowing conditions:
(a) the Company shall have irrevocably deposited with the Trustee, in trust, money (including Funded Cash not otherwise applied pursuant to Section 8.07) or Permitted Investments in an amount which shall be sufficient, or
(b) in the case of a deposit made prior sufficient to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when duepay, without any regard to requiring reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying AgentTrustee, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, interest due and to become due on the Bonds of such Bonds series on and prior to the Stated Maturity of principal thereof (or, if principal is payable in installments, the Stated Maturity of the final installment of principal thereof) or portions thereof; providedupon redemption or prepayment;
(b) if any such deposit of money or Permitted Investments shall have been made prior to the Stated Maturity (or, howeverif principal is payable in installments, the Stated Maturity of the final installment of principal) or Redemption Date or Prepayment Date of such Bonds, the Company shall have delivered to the Trustee a Company Order each stating that such money shall be held by the Trustee, in trust, as provided in Section 13.3;
(c) in the case of the provision for payment redemption or redemption prepayment of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected as provided in Section 6.03 herein and, in the case of a redemptionBonds, the notice requisite to the validity of such redemption or prepayment shall have been given given, or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company and
(d) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that as a result of a change in Applicable Law after the date of this Indenture such satisfaction and discharge of the indebtedness of the Company with respect to the Bonds of such Paying Agent:series shall not be deemed to be, or result in, a taxable event with respect to Bondholders of such series for purposes of United States Federal income taxation unless the Trustee shall have received documentary evidence that each Bondholder of such series either is not subject to, or is exempt from, United States Federal income taxation. Upon satisfaction of the aforesaid conditions with respect to the Bonds of any series, the Trustee shall, upon receipt of a Company Request, acknowledge in writing that the Bonds of such series are deemed to have been paid for all purposes of this Indenture and that the entire indebtedness of the Company in respect thereof is deemed to have been satisfied and discharged. If Bonds which shall be deemed to have been paid as provided in this Section 13.1 do not mature and are not to be redeemed within the 60 day period commencing on the date of the deposit with the Trustee of funds, the Company shall, as promptly as practicable, give a notice, in the same manner as a notice of redemption with respect to such Bonds, to the Bondholders to the effect that such Bonds are deemed to have been paid and the circumstances thereof. Notwithstanding the satisfaction and discharge of any Bonds as aforesaid, the rights and obligations of the Company and the Trustee in respect of such Bonds under Sections 2.7, 2.8, 2.9, 6.3, 10.3(e) and 10.7 and this Article XIII shall survive.
Appears in 2 contracts
Samples: Trust Indenture (Aes Ironwood LLC), Trust Indenture (Aes Red Oak LLC)
Satisfaction and Discharge of Bonds. Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trust:
(a) money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected by the Bond Registrar as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 1 contract
Samples: Indenture (Pg&e Corp)
Satisfaction and Discharge of Bonds. Any Bond Except as otherwise provided with respect to the Bonds of any series in the Series Supplemental Indenture relating thereto, the Bonds of such series shall, on or Bonds, or any portion prior to the Scheduled Payment Date with respect to the final installment of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness Debt of the Company Issuer in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with upon satisfaction of the Trustee or any Paying Agent (other than the Company), in trustfollowing conditions:
(a) the Issuer shall have irrevocably deposited or caused to be deposited with the Trustee, in trust, money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, interest due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of such series on and prior to the Scheduled Payment Date with respect to the final installment of principal thereof or upon redemption;
(b) if any series or Tranche, such Bonds or portions thereof deposit of money shall have been selected as provided in Section 6.03 herein and, in made prior to the case Scheduled Payment Date with respect to the final installment of a redemptionprincipal or the Redemption Date of such Bonds, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company Issuer shall have delivered to the Trustee a Issuer Order stating that such money shall be held by the Trustee, in trust;
(c) in the case of redemption of Bonds, the Issuer Order with respect to such redemption pursuant to Article 8 shall have been given to the Trustee; and
(d) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such satisfaction and discharge of the Debt of the Issuer with respect to the Bonds of such Paying Agent:series shall not be deemed to be, or result in, a taxable event with respect to the Holders of such series for purposes of United States federal income taxation unless the Trustee shall have received documentary evidence that each Holder of such series either is not subject to, or is exempt from, United States federal income taxation. Upon satisfaction of the aforesaid conditions with respect to the Bonds of any series, the Trustee shall, upon receipt of a Issuer Order, execute proper instruments acknowledging satisfaction and discharge of the series of Bonds. In the event that Bonds which shall be deemed to have been paid as provided in this Section 15.1 do not mature and are not to be redeemed within the 60-day period commencing on the date of the deposit with the Trustee of moneys, the Issuer shall, as promptly as practicable, give a notice, in the same manner as a notice of redemption with respect to such Bonds, to the Holders of such Bonds to the effect that such Bonds are deemed to have been paid and the circumstances thereof. Notwithstanding the satisfaction and discharge of any Bonds as aforesaid, the obligations of the Issuer and the Trustee in respect of such Bonds under Sections 2.8, 2.9, 2.10 and 11.5 and this Article 15 shall survive. NRG Northeast Generating Indenture ----------------------------------
Appears in 1 contract
Samples: Indenture (Somerset Power LLC)
Satisfaction and Discharge of Bonds. Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trust:
(a) money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Trancheseries, such Bonds or portions thereof shall have been selected by the Bond Registrar as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 1 contract
Satisfaction and Discharge of Bonds. Any Bond Except as otherwise provided with respect to the Bonds of any series in the Series Supplemental Indenture relating thereto, the Bonds of such series shall, on or Bonds, or any portion prior to the Scheduled Payment Date with respect to the final installment of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness Debt of the Company Issuer in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with upon satisfaction of the Trustee or any Paying Agent (other than the Company), in trustfollowing conditions:
(a) the Issuer shall have irrevocably deposited or caused to be deposited with the Trustee, in trust, money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, interest due and to become due on such Bonds or portions thereof; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of such series on and prior to the Scheduled Payment Date with respect to the final installment of principal thereof or upon redemption;
(b) if any series or Tranche, such Bonds or portions thereof deposit of money shall have been selected as provided in Section 6.03 herein and, in made prior to the case Scheduled Payment Date with respect to the final installment of a redemptionprincipal or the Redemption Date of such Bonds, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company Issuer shall have delivered to the Trustee a Issuer Order stating that such money shall be held by the Trustee, in trust;
(c) in the case of redemption of Bonds, the Issuer Order with respect to such redemption pursuant to Article 8 shall have been given to the Trustee; and
(d) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such satisfaction and discharge of the Debt of the Issuer with respect to the Bonds of such Paying Agent:series shall not be deemed to be, or result in, a taxable event with respect to the Holders of such series for purposes of United States federal income taxation unless the Trustee shall have received documentary evidence that each Holder of such series either is not subject to, or is exempt from, United States federal income taxation. Upon satisfaction of the aforesaid conditions with respect to the Bonds of any series, the Trustee shall, upon receipt of a Issuer Order, execute proper instruments acknowledging satisfaction and discharge of the series of Bonds. In the event that Bonds which shall be deemed to have been paid as provided in this Section 15.1 do not mature and are not to be redeemed within the 60-day period commencing on the date of the deposit with the Trustee of moneys, the Issuer shall, as promptly as practicable, give a notice, in the same manner as a notice of redemption with respect to such Bonds, to the Holders of such Bonds to the effect that such Bonds are deemed to have been paid and the circumstances thereof. Notwithstanding the satisfaction and discharge of any Bonds as aforesaid, the obligations of the Issuer and the Trustee in respect of such Bonds under Sections 2.8, 2.9, 2.10 and 11.5 and this Article 15 shall survive. NRG Northeast Generating Indenture
Appears in 1 contract
Samples: Indenture (NRG Energy Inc)
Satisfaction and Discharge of Bonds. Any Bond or BondsExcept as otherwise provided with respect to the Bonds of any series in the Series Supplemental Indenture relating thereto, or any portion the Bonds of such series shall, prior to the Stated Maturity thereof (or, if principal is payable in installments, the Stated Maturity of the final installment of principal amount thereof), shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with upon satisfaction of the Trustee or any Paying Agent (other than the Company), in trustfollowing conditions:
(a) the Company shall have irrevocably deposited with the Trustee, in trust, money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(b) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(c) a combination of (a) or (b) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, interest due and to become due on the Bonds of such Bonds series on and prior to the Stated Maturity of principal thereof (or, if principal is payable in installments, the Stated Maturity of the final installment of principal thereof) or portions thereof; providedupon redemption or prepayment;
(b) if any such deposit of money shall have been made prior to the Stated Maturity (or, howeverif principal is payable in installments, the Stated Maturity of the final installment of principal) or Redemption Date or Prepayment Date of such Bonds, the Company shall have delivered to the Trustee a Company Order stating that such money shall be held by the Trustee, in trust, as provided in Section 14.3;
(c) in the case of the provision for payment redemption or redemption prepayment of less than all the Bonds of any series or Tranche, such Bonds or portions thereof shall have been selected as provided in Section 6.03 herein and, in the case of a redemptionBonds, the notice requisite to the validity of such redemption or prepayment shall have been given given, or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trustee; and provided, further, that the Company and
(d) there shall have been delivered to the Trustee an Opinion of Counsel to the effect that such satisfaction and discharge of the indebtedness of the Company with respect to the Bonds of such Paying Agent:series shall not be deemed to be, or result in, a taxable event with respect to the Holders of Bonds of such series for purposes of United States Federal income taxation unless the Trustee shall have received documentary evidence that each Holder of Bonds of such series either is not subject to, or is exempt from, United States Federal income taxation. Upon satisfaction of the aforesaid conditions with respect to the Bonds of any series, the Trustee shall, upon receipt of a Company Request, acknowledge in writing that the Bonds of such series are deemed to have been paid for all purposes of this Indenture and that the entire indebtedness of the Company in respect thereof is deemed to have been satisfied and discharged. In the event that Bonds which shall be deemed to have been paid as provided in this Section 14.1 do not mature and are not to be redeemed within the 60-day period commencing on the date of the deposit with the Trustee of moneys, the Company shall, as promptly as practicable, give a notice, in the same manner as a notice of redemption with respect to such Bonds, to the Holders of such Bonds to the effect that such Bonds are deemed to have been paid and the circumstances thereof. Notwithstanding the satisfaction and discharge of any Bonds as aforesaid, the obligations of the Company and the Trustee in respect of such Bonds under Sections 2.7, 2.8, 2.9, and 10.5 and this Article 14 shall survive.
Appears in 1 contract
Samples: Trust Indenture (Dynegy Inc /Il/)
Satisfaction and Discharge of Bonds. (a) Any Bond or Bonds, or any portion of the principal amount thereof, shall be deemed to have been paid and no longer Outstanding for all purposes of this Indenture, and the entire indebtedness of the Company in respect thereof shall be deemed to have been satisfied and discharged, if there shall have been irrevocably deposited with the Trustee or any Paying Agent (other than the Company), in trust:
(ai) money (including Funded Cash not otherwise applied pursuant to Section 8.07) in an amount which shall be sufficient, or
(bii) in the case of a deposit made prior to the Maturity of such Bonds or portions thereof, Eligible Obligations, which shall not contain provisions permitting the redemption or other prepayment thereof at the option of the issuer thereof, the principal of and the interest on which when due, without any regard to reinvestment thereof, will provide moneys which, together with the money, if any, deposited with or held by the Trustee or such Paying Agent, shall be sufficient, or
(ciii) a combination of (ai) or (bii) which shall be sufficient to pay when due the principal of and premium, if any, and interest, if any, due and to become due on such Bonds or portions thereofthereof on or prior to Maturity; provided, however, that in the case of the provision for payment or redemption of less than all the Bonds of any series or Trancheseries, such Bonds or portions thereof shall have been selected by the Trustee as provided in Section 6.03 herein and, in the case of a redemption, the notice requisite to the validity of such redemption shall have been given or irrevocable authority shall have been given by the Company to the Trustee to give such notice, under arrangements satisfactory to the Trusteeherein; and provided, further, that the Company shall have delivered to the Trustee and such Paying Agent:
Appears in 1 contract
Samples: Twentieth Supplemental Indenture (Tampa Electric Co)