Common use of Termination of the Issuer’s Obligations Clause in Contracts

Termination of the Issuer’s Obligations. Except as otherwise provided in the last paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when either: (a) all such Securities that have been authenticated (except lost, stolen or destroyed Securities that have been replaced or paid and Securities for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), have been delivered to the Trustee for cancellation, or (b) (1) all such Securities that have not been delivered to the Trustee for cancellation have become due and payable by reason of the mailing of a notice of redemption or otherwise or will become due and payable within one year and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;

Appears in 8 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Art Technology Group Inc)

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Termination of the Issuer’s Obligations. Except as otherwise provided The Issuers may terminate their obligations under the Notes, this Indenture and the Security Documents, and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged if all Notes previously authenticated and will cease delivered (other than destroyed, lost or stolen Notes which have been replaced or paid) have been delivered to be of further effect as to a Series of Securities issued the Trustee for cancellation and the Issuers have paid all sums payable by them hereunder, when eitheror if: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason or have been called for redemption pursuant to Section 5 or Section 6 of the mailing of a notice of redemption or otherwise or will become due and payable within one year Notes in each case on arrangements reasonably satisfactory to the Trustee, and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit an amount of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts money sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 2 contracts

Samples: Indenture (Westmoreland Energy LLC), Indenture (WESTMORELAND COAL Co)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes, this Indenture and the Security Documents and the obligations of the Guarantors under the Note Guarantees, this Indenture and the Security Documents and this Indenture and the Security Documents shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when eitherif: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason of the mailing of a notice of redemption or otherwise or payable, will become due and payable payable, or may be called for redemption, within one year or have been called for redemption pursuant to Section 5 or Section 6 of the Notes and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 2 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Ply Gem Holdings Inc)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes and this Indenture and the obligations of the Guarantors under the Note Guarantees and this Indenture and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when eitherif: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason of the mailing of a pursuant to an optional redemption notice of redemption or otherwise otherwise, or will become due and payable within one year year, and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash (to be held in Dollars or U.S. Government Obligations, or a combination thereof, in amounts accordance with Section 8.04 herein) sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 2 contracts

Samples: Indenture (Matrix Geophysical, Inc.), Indenture (Seitel Inc)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes and this Indenture and the obligations of the Guarantors under the Note Guarantees and this Indenture and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when either:if. (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason of the mailing of a pursuant to an optional redemption notice of redemption or otherwise otherwise, or will become due and payable within one year year, and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash (to be held in Dollars or U.S. Government Obligations, or a combination thereof, in amounts accordance with Section 8.04 herein) sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 1 contract

Samples: Indenture (Seitel Inc)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes, this Indenture and the Security Documents, and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged if all Notes previously authenticated and will cease delivered (other than destroyed, lost or stolen Notes which have been replaced or paid) have been delivered to be of further effect as to a Series of Securities issued the Trustee for cancellation and the Issuer has paid all sums payable by it hereunder, when eitheror if: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason or have been called for redemption pursuant to Section 5 or Section 6 of the mailing of a notice of redemption or otherwise or will become due and payable within one year Notes and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit in an amount of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts money sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 1 contract

Samples: Indenture (Norcraft Holdings, L.P.)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes and this Indenture and the obligations of the Guarantors under the Note Guarantees and this Indenture and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when eitherif: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason of the mailing of a notice of redemption or otherwise or payable, will become due and payable payable, or may be called for redemption, within one year or have been called for redemption pursuant to Section 5 or Section 6 of the Notes and Article III hereof and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 1 contract

Samples: Indenture (Ply Gem Holdings Inc)

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Termination of the Issuer’s Obligations. Except as otherwise provided in the last paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when either: (a) all such Securities and coupons that have been authenticated (except lost, stolen or destroyed Securities or coupons that have been replaced or paid and Securities and coupons for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), have been delivered to the Trustee for cancellation, or (b) (1) all such Securities and coupons that have not been delivered to the Trustee for cancellation have become due and payable by reason of the mailing of a notice of redemption or otherwise or will become due and payable within one year and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal (and premium, if any) and accrued interestinterest and Additional Amounts) on such Securities not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;

Appears in 1 contract

Samples: Indenture (Vantage Drilling (Malaysia) I Sdn. Bhd.)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes and this Indenture and the obligations of the Guarantors under the Note Guarantees and this Indenture and this Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when eitherif: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason of the mailing of a notice of redemption or otherwise or payable, will become due and payable payable, or may be called for redemption, within one year or have been called for redemption pursuant to Section 5 or Section 6 of the Notes and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 1 contract

Samples: Indenture (Curative Health Services Inc)

Termination of the Issuer’s Obligations. Except as otherwise provided The Issuer may terminate its obligations under the Notes and this Indenture and the Indenture shall cease to be of further effect, except those obligations referred to in the last penultimate paragraph of this Section 8.01, this Indenture will be discharged if all Notes previously authenticated and will cease delivered (other than destroyed, lost or stolen Notes which have been replaced or paid) have been delivered to be of further effect as to a Series of Securities issued the Trustee for cancellation and the Issuer has paid all sums payable by it hereunder, when eitheror if: (a1) all such Securities the Notes that have been authenticated and delivered (except lost, stolen or destroyed Securities that Notes which have been replaced or paid and Securities Notes for whose payment money has been deposited in trust or segregated and held in trust by the Issuer and thereafter repaid to the Issuer or discharged from this trust), ) have been delivered to the Trustee for cancellation, or (b2) (1a) all such Securities that have Notes not been delivered to the Trustee for cancellation otherwise have become due and payable by reason or have been called for redemption pursuant to Section 5 or Section 6 of the mailing of a notice of redemption or otherwise or will become due and payable within one year Notes and the Issuer has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit in an amount of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts money sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal Accreted Value and accrued interest) on such Securities the Notes not theretofore delivered to the Trustee for cancellation to the date of maturity or redemption;cancellation,

Appears in 1 contract

Samples: Indenture (Norcraft Capital Corp.)

Termination of the Issuer’s Obligations. Except The Issuers may terminate their obligations under the Securities and this Indenture as otherwise provided well as the obligations of the Guarantors under their respective Guarantees, except those obligations referred to in the last penultimate paragraph of this Section 8.019.01, this Indenture will be discharged and will cease to be of further effect as to a Series of Securities issued hereunder, when eitherif: (i) either (a) all such the Securities that have been theretofore authenticated and delivered (except lost, stolen or destroyed Securities that which have been replaced or paid and Securities for whose payment money has theretofore been deposited in trust or segregated and held in trust by the Issuer Issuers and thereafter repaid to the Issuer Issuers or discharged from this such trust), ) have been delivered to the Trustee for cancellation, or cancellation or (b) (1) all such Securities that have not been theretofore delivered to the Trustee for cancellation have become due and payable by reason of the mailing of a notice of redemption or otherwise or will become due and payable within one year and the Issuer has Issuers have irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust solely for the benefit of the Holders of such Securities cash in Dollars or U.S. Government Obligations, or a combination thereof, in amounts an amount sufficient (without reinvestment) to pay and discharge the entire Indebtedness (including all principal and accrued interest) on such the Securities not 69 -62- theretofore delivered to the Trustee for cancellation cancellation, for principal of, premium, if any, and interest on the Securities to the date of deposit together with irrevocable instructions from the Issuers directing the Trustee to apply such funds to the payment thereof at maturity or redemption, as the case may be; (ii) the Issuers have paid all other sums payable under this Indenture by the Issuers; and (iii) the Issuers have delivered to the Trustee an officers' certificate and an opinion of counsel stating that all conditions precedent under this Indenture relating to the satisfaction and discharge of this Indenture have been complied with.

Appears in 1 contract

Samples: Indenture (Aas Capital Corp)

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