Common use of Termination of Company's Obligations Clause in Contracts

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1) all Securities of such Series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered to the Trustee for cancellation; or (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, and interest and premium, if any, on the Securities of such Series to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the Company’s obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.02, 7.07, 7.08 and 8.03 with respect to the Securities of such Series shall survive until the Securities of such Series are no longer outstanding. Thereafter the Company’s obligations in Section 7.07 shall survive. After such a deposit, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, and interest or premium, if any, on, the Securities, the U.S. Government Obligations shall be payable as to principal of, interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 4 contracts

Samples: Indenture (Cabot Corp), Indenture (Cabot Corp), Indenture (Cabot Corp)

AutoNDA by SimpleDocs

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1a) all Securities of such Series previously authenticated and delivered (other than destroyed, lost or stolen wrongfully taken Securities of such Series which have been replaced or paidpaid or Securities for whose payment money has theretofore been deposited with the Trustee or a Paying Agent by the Company and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellationcancellation and the Company has paid all sums payable by it hereunder; or (b) all such Securities that have not been delivered to the Trustee for cancellation (1) have become due and payable by reason of the giving of a notice of redemption or otherwise or (2) will mature within one year or are to be called for redemption within one year under arrangements satisfactory to the Trustee for giving the notice of redemption or are to be repurchased on a Change of Control Payment Date within 30 days, and the Company has irrevocably deposits in trust deposited or caused to be deposited with the Trustee money as trust funds in trust solely for the benefit of the Holders immediately available funds sufficient or U.S. Government Obligations (a) which through the payment of the principal of and interest thereon will be sufficient or a combination thereof sufficient, in the written opinion of a firm of nationally recognized independent public accounts delivered to the Trustee in case U.S. Government Obligations have been so deposited, to pay the principal of, and interest and premium, if any, on the Securities of such Series to maturity maturity, redemption or redemptionrepurchase, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the Company’s obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 2.084.01, 4.024.04, 7.07, 7.07 and 7.08 and 8.03 with respect to the Securities of such Series shall survive until the Securities of such Series are no longer outstanding. Thereafter the Company’s obligations in Section 7.07 shall survive. After such a depositUpon receipt, in the case of clause (a) or (b) above in this Section 8.01, by the Trustee of an Officers’ Certificate and an Opinion of Counsel, each stating that all conditions precedent herein provided for relating to the satisfaction and discharge of this Indenture have been complied with, the Trustee upon request shall acknowledgeof the Company executed by an Officer shall, at the expense of the Company, acknowledge in writing, writing the discharge of the Company’s obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, and or interest or premium, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 3 contracts

Samples: Indenture (Leucadia National Corp), Indenture (Leucadia National Corp), Indenture (Leucadia National Corp)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) (i) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may bebe and (ii) the Company delivers to the Trustee an opinion of counsel to the effect that, based upon the Company's receipt from, or (b) the publication by, the Internal Revenue Service of a ruling or a change in law, the holders of the Securities will not recognize income, gain or loss for United States federal income tax purposes as a result of the deposit, defeasance and discharge and will be subject to United States federal income tax on the same amount in the same manner and at the same times as would have been the case of a Series of Securities which provides for a mandatory sinking fundif such deposit, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series defeasance or discharge had not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03)occurred. However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section, the obligations of the Trustee under Section 7.07 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; PROVIDED, HOWEVER, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s 's option.

Appears in 2 contracts

Samples: Indenture (Circus Finance Ii), Indenture (Circus Finance Ii)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1) the Securities mature within one year or all of them are to be called for redemption (and the Securities of such Series previously authenticated are redeemable) within one year and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered arrangements satisfactory to the Trustee for cancellationare made with respect to the giving of the notice of redemption; orand (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay pay, when due, the principal of, and interest of and premium, if any, and interest on the Securities of such Series to maturity or redemption, as the case may be, or . The Company may make such deposit only during the one-year period referred to in paragraph (1) above and only if Article 12 permits it; or (b) in the case of a Series of all Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity previously authenticated and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity delivered (other than monies destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money or securities have theretofore been held in trust and thereafter repaid to the Company, as provided in Section 9.03) have been delivered to the Trustee for cancellation and the Company or discharged from trust in accordance with Section 8.03)has paid all sums payable by it hereunder. However, the Company’s obligations in Sections 2.02, 2.04, 2.05, 2.06, 2.072.13, 2.085.01, 4.025.02, 7.078.07, 7.08 8.08, 9.02, 9.03, 9.04 and 8.03 with respect to the Securities of such Series 9.05 and in Article 11 shall survive until the Securities of such Series are no longer outstanding. Thereafter the obligations in Sections 8.07, 9.03 and 9.04 shall survive. After a termination of the Company’s obligations in Section 7.07 shall survive. After such a depositaccordance with this Section, the Trustee upon request shall acknowledge, acknowledge in writing, writing the discharge of the Company’s obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, of and interest or premium, if any, on, or interest on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 2 contracts

Samples: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section, the obligations of the Trustee under Section 7.07 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; provided, however, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option's opinion.

Appears in 1 contract

Samples: Indenture (Tci Communications Financing Iv)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1) the Securities mature within one year or all of them are to be called for redemption (and the Securities of such Series previously authenticated are redeemable) within one year and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered arrangements satisfactory to the Trustee for cancellationare made with respect to the giving of the notice of redemption; orand (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay pay, when due, the principal of, and interest of and premium, if any, and interest on the Securities of such Series to maturity or redemption, as the case may be, or . The Company may make such deposit only during the one-year period referred to in paragraph (1) above and only if Article 12 permits it; or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity securities previously authenticated and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity delivered (other than monies destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money or securities have theretofore been held in trust and thereafter repaid to the Company, as provided in Section 9.03) have been delivered to the Trustee for cancellation and the Company or discharged from trust in accordance with Section 8.03)has paid all sums payable by it hereunder. 44 -38- However, the Company’s obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 2.085.01, 4.028.07, 7.078.08, 7.08 9.03, 9.04 and 8.03 with respect to the Securities of such Series 9.05 and in Article 11 shall survive until the Securities of such Series are no longer outstanding. Thereafter the Company’s obligations in Section 7.07 Sections 8.07, 9.03 and 9.04 shall survive. After such a deposittermination of the Company's obligations in accordance with this Section, the Trustee upon request shall acknowledge, acknowledge in writing, writing the discharge of the Company’s 's obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, of and interest or premium, if any, on, or interest on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 1 contract

Samples: Indenture (Genzyme Corp)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient sufficient, in the opinion of a nationally recognized investment banking firm or firm of independent certified public accountants expressed in a written certification thereof delivered to the Trustee, to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section 7.07 8.01, the obligations of the Trustee under Section 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; PROVIDED, HOWEVER, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s 's option.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities Secu- rities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) (i) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section, the obligations of the Trustee under Section 7.07 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; provided, however, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s 's option.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

AutoNDA by SimpleDocs

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1) the Securities mature within one year or all of them are to be called for redemption (and the Securities of such Series previously authenticated are redeemable) within one year and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered arrangements satisfactory to the Trustee for cancellationare made with respect to the giving of the notice of redemption; orand (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay pay, when due, the principal of, and interest of and premium, if any, and interest on the Securities of such Series to maturity or redemption, as the case may be, or . The Company may make such deposit only during the one-year period referred to in paragraph (1) above and only if Article 12 permits it; or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity securities previously authenticated and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity delivered (other than monies destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money or securities have theretofore been held in trust and thereafter repaid to the Company, as provided in Section 9.03) have been delivered to the Trustee for cancellation and the Company or discharged from trust in accordance with Section 8.03)has paid all sums payable by it hereunder. However, the Company’s obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 2.082.14, 4.025.01, 7.078.07, 7.08 8.08, 9.03, 9.04 and 8.03 with respect to the Securities of such Series 9.05 and in Article 11 shall survive until the Securities of such Series are no longer outstanding. Thereafter the Company’s obligations in Section 7.07 Sections 8.07, 9.03 and 9.04 shall survive. After such a deposittermination of the Company's obligations in accordance with this Section, the Trustee upon request shall acknowledge, acknowledge in writing, writing the discharge of the Company’s 's obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, of and interest or premium, if any, on, or interest on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 1 contract

Samples: Indenture (Genzyme Corp)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section, the obligations of the Trustee under Section 7.07 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; PROVIDED, HOWEVER, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s 's option.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series series and this Indenture with respect to the Securities of such Series or all Series if: series if either (1) all Securities of such Series series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paidpaid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) have been delivered to the Trustee for cancellation; or or (2) (i) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, of and interest and premiuminterest, if any, on the all Securities of such Series series not theretofore cancelled or delivered to the Trustee for cancellation (other than destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money (or, if permitted by the terms of such Securities, securities) has theretofore been held in trust and thereafter repaid to the Company, as provided in Section 8.03) to maturity or redemption, as the case may bebe and (ii) the Company delivers to the Trustee an opinion of counsel to the effect that, based upon the Company's receipt from, or (b) the publication by, the Internal Revenue Service of a ruling or a change in law, the holders of the Securities will not recognize income, gain or loss for United States federal income tax purposes as a result of the deposit, defeasance and discharge and will be subject to United States federal income tax on the same amount in the same manner and at the same times as would have been the case of a Series of Securities which provides for a mandatory sinking fundif such deposit, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series defeasance or discharge had not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03)occurred. However, the The Company’s 's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 4.01, 7.07, 7.08 and 8.03 with respect to the Securities of such Series this Indenture, however, shall survive until the Securities of such Series series are no longer outstanding. Thereafter Thereafter, the Company’s 's obligations in Sections 7.07 and 8.03 shall survive. Notwithstanding the satisfaction and discharge of this Indenture with respect to the Securities of any series, if money or U.S. Government Obligations shall have been deposited with the Trustee pursuant to clause (2) of the first paragraph of this Section, the obligations of the Trustee under Section 7.07 8.02 and the second sentence of Section 8.03 shall survive. After such a depositdeposit and if all other conditions thereto are met, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under for the Securities of such Series series shall be required to execute an instrument acknowledging satisfaction and discharge of this Indenture with respect to such Securities, except for those surviving obligations specified above; provided, however, that the Trustee shall not be required to execute such instrument until the expiration of 90 days after the date of a deposit and that such instrument may be made subject to the condition that such deposit had been in compliance with any applicable terms of the Securities of such series relating to subordination (as contemplated by Article Ten and Section 2.02). In order to have money available on a payment date to pay the principal of, and interest of or premiuminterest, if any, on, on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option's opinion.

Appears in 1 contract

Samples: Indenture (Tci Communications Financing Vi)

Termination of Company's Obligations. The Company at any time may terminate its obligation obligations with respect to pay an installment any Series of principal Securities, on the terms and premiumsubject to the conditions contained in this Indenture, if any, or interest if it deposits by depositing in trust with the Trustee money or U.S. Government Obligations sufficient to pay principal, premium and interest, if any, on such Series to redemption or maturity, provided that the installment when due. The Company shall designate deliver to the installment for which payment is being made. The Company at any time may terminate all Trustee an Opinion of its obligations under Counsel based on the fact that (x) the Issuer has received from, or there has been published by, the Internal Revenue Service a ruling or (y) since the date hereof, there has been a change in the applicable Federal income tax law, in either case to the effect that, and such opinion shall confirm that, the Holders of the Securities of any such Series will not recognize income, gain or loss for Federal income tax purposes as a result of such deposit, defeasance and discharge and will be subject to Federal income tax on the same amount and in the same manner and at the same times, as would have been the case if such deposit, defeasance and discharge had not occurred; and the Issuer has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all Series conditions precedent provided for relating to the defeasance contemplated by this provision have been complied with. Upon the termination of the Company's obligations with respect to all the Securities of a Series, the Trustee, at the request of the Company, shall release its rights and this Indenture interests with respect to such Series or all Series if: (1) all Securities of such Series previously authenticated and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered to the Trustee for cancellation; or (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay the principal of, and interest and premium, if any, on the Securities of such Series to maturity or redemption, as the case may be, or (b) in the case of a Series of Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity and sufficient to pay at maturity in any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity (other than monies paid to the Company or discharged from trust in accordance with Section 8.03). However, security granted by the Company’s . The Company's obligations in Sections 2.04, 2.05, 2.06, 2.07, 2.08, 4.022.09, 2.10, 7.07, 7.08 and 8.03 with respect to any Series of Securities shall survive until all the Securities of such Series shall survive until the Securities of such that Series are no longer outstandingOutstanding. Thereafter Thereafter, the Company’s 's obligations in Section Sections 7.07 and 8.03 shall survive. After such a deposit, the Trustee upon request shall acknowledge, in writing, the discharge of the Company’s obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, and interest or premium, if any, on, the Securities, the U.S. Government Obligations shall be payable as to principal of, interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 1 contract

Samples: First Supplemental Indenture (Texaco Inc)

Termination of Company's Obligations. The Company at any time may terminate its obligation to pay an installment of principal and premium, if any, or interest if it deposits with the Trustee money or U.S. Government Obligations sufficient to pay the installment when due. The Company shall designate the installment for which payment is being made. The Company at any time may terminate all of its obligations under the Securities of any or all Series and this Indenture with respect to such Series or all Series if: (1) the Securities mature within one year or all of them are to be called for redemption (and the Securities of such Series previously authenticated are redeemable) within one year and delivered (other than destroyed, lost or stolen Securities of such Series which have been replaced or paid) have been delivered arrangements satisfactory to the Trustee for cancellationare made with respect to the giving of the notice of redemption; orand (2) the Company irrevocably deposits in trust with the Trustee money or U.S. Government Obligations (a) sufficient to pay pay, when due, the principal of, and interest of and premium, if any, and interest on the Securities of such Series to maturity or redemption, as the case may be, or . The Company may make such deposit only during the one-year period referred to in paragraph (1) above and only if Article 12 permits it; or (b) in the case of a Series of all Securities which provides for a mandatory sinking fund, sufficient to make all mandatory sinking fund payments to maturity previously authenticated and sufficient to pay at maturity any principal of and interest on such Series for Securities of such Series not redeemed prior to maturity delivered (other than monies destroyed, lost or stolen Securities which have been replaced or paid or Securities for whose payment money or securities have theretofore been held in trust and thereafter repaid to the Company, as provided in Section 9.03) have been delivered to the Trustee for cancellation and the Company or discharged from trust in accordance with Section 8.03)has paid all sums payable by it hereunder. However, the Company’s obligations in Sections 2.03, 2.04, 2.05, 2.06, 2.07, 2.082.14, 4.025.01, 7.078.07, 7.08 8.08, 9.03, 9.04 and 8.03 with respect to the Securities of such Series 9.05 and in Article 11 shall survive until the Securities of such Series are no longer outstanding. Thereafter the Company’s obligations in Section 7.07 Sections 8.07, 9.03 and 9.04 shall survive. After such a deposittermination of the Company's obligations in accordance with this Section, the Trustee upon request shall acknowledge, acknowledge in writing, writing the discharge of the Company’s 's obligations under the Securities of such Series and this Indenture except for those surviving obligations specified above. In order to have money available on a payment date to pay principal of, of and interest or premium, if any, on, or interest on the Securities, the U.S. Government Obligations shall be payable as to principal of, or interest or premium, if any, on or before such payment date in such amounts as will provide the necessary money. U.S. Government Obligations shall not be callable at the issuer’s option.

Appears in 1 contract

Samples: Indenture (Icos Corp / De)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!