Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.3) when: (i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and (ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or (i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all conditions related to such defeasance have been complied with.
Appears in 3 contracts
Samples: Indenture (Netbank Inc), Indenture (Computer Network Technology Corp), Indenture (Netbank Inc)
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.113.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.313.3) when:
(i) all Notes theretofore authenticated and delivered (other than Notes that which have been destroyed, lost or stolen and that which have been replaced or paid as provided in Section 2.62.7) have been delivered to the Trustee for cancellation, and ;
(ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; and
(iii) the Company has delivered to the Trustee an Officers' Certificate, stating that all conditions precedent specified herein relating to the satisfaction and discharge of this Indenture have been complied with; or
(i) the Notes not previously delivered to the Trustee for cancellation shall will have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, ; (ii) the Company shall will have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of and interest on the outstanding Notes, to maturity or redemption, as the case may be, ; (iii) such deposit shall will not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company or any Subsidiary is a party or by which it or its property is bound bound; and (iv) and the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all conditions related to such defeasance have been complied with.
Appears in 2 contracts
Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.1, the The Company may terminate all of its obligations under this Indenture (subject to Section 12.312.2) when:
(i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and ; and
(ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, cash in an amount sufficient to pay principal of of, premium, if any, and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of CounselCounsel in form and substance reasonably satisfactory to the Trustee, each stating that all conditions related to such defeasance have been complied with.
Appears in 2 contracts
Samples: Indenture (Royal Aloha Development Co), Indenture (Royal Aloha Development Co)
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's βs rights under Section 12.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.3) when:
(i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced replaced, converted or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and ; and
(ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of premium, if any, and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' β Certificate and an Opinion of CounselCounsel in form and substance reasonably satisfactory to the Trustee, each stating that all conditions related to such defeasance have been complied with.
Appears in 1 contract
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.3) when:
(a) (i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced replaced, converted or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and ; and
(iii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of premium, if any, and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of CounselCounsel in form and substance reasonably satisfactory to the Trustee, each stating that all conditions related to such defeasance have been complied with.
Appears in 1 contract
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.3) when:
(i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced replaced, converted or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and ; and
(ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of premium, if any, and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of CounselCounsel in form and substance reasonably satisfactory to the Trustee, each stating that all conditions related to such defeasance have been complied with.
Appears in 1 contract
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.1, the Company may terminate all of its obligations under this Indenture (subject to Section 12.3) when:
(i) all Notes theretofore authenticated and delivered (other than Notes that have been destroyed, lost or stolen and that have been replaced or paid as provided in Section 2.6) have been delivered to the Trustee for cancellation, and ; and
(ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, (ii) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of and interest on the outstanding Notes, to maturity or redemption, as the case may be, (iii) such deposit shall not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (iv) the Company has delivered to the Trustee an Officers' Certificate and an Opinion of Counsel, each stating that all conditions related to such defeasance have been complied with.
Appears in 1 contract
Samples: Indenture (Rac Financial Group Inc)
Termination of Obligations Upon Cancellation of the Notes. In addition to the Company's rights under Section 12.18.01, the Company may terminate all of its obligations under this Indenture (subject to Section 12.38.03) when:
(i1) the Company shall have paid or caused to be paid the principal of, premium and Liquidated Damages, if any, and interest on the Notes as and when the same shall have become due and payable;
(2) all outstanding Notes theretofore authenticated and delivered (other than except lost, stolen or destroyed Notes that have been destroyed, lost or stolen and that which have been replaced or paid as provided in Section 2.6paid) have been delivered to the Trustee for cancellation, and (ii) the Company has paid or caused to be paid all other sums payable hereunder and under the Notes by the Company; or
(i3) (A) the Notes not previously delivered to the Trustee for cancellation shall have become due and payable or are by their terms to become due and payable within one year or are to be called for redemption under arrangements satisfactory to the Trustee upon delivery of notice, notice and (iiB) the Company shall have irrevocably deposited with the Trustee, as trust funds, cash, in an amount sufficient to pay principal of and interest on the outstanding Notes, to maturity or redemption, as the case may be, . Such trust may only be established (iiix) if such deposit shall will not result in a breach or violation of, or constitute a default under, any agreement or instrument pursuant to which the Company is a party or by which it or its property is bound and (ivy) the Company has delivered to the Trustee an Officers' Certificate and an Opinion opinion of Counselcounsel, each stating that all conditions related to such defeasance have been complied with.
Appears in 1 contract
Samples: Indenture (Mark Iv Industries Inc)