Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Samples: Indenture (M/I Homes of West Palm Beach, LLC), Indenture (M/I Homes of Raleigh, LLC), M/I Homes of Alabama, LLC
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case Default with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Pinnacle West Capital Corp), Arizona Public Service Co, Pinnacle West Capital Corp
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 to have this Section 1303 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, (1) the Company and any Guarantor (if applicable) shall be released from its their obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Section 801 and (2) the occurrence of any event specified in Sections 501(3) and 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7Section 801) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Nabors Industries LTD
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to ), Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Micron Technology Inc, Cygnus Inc /De/, Read Rite Corp /De/
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Article X, Section 4.06, and any covenants provided pursuant to Sections 301(192.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to Sections 1006 and 1007any of Article X, Section 4.06, and any such covenants provided pursuant to Sections 301(192.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(6) and 501(76.01(a)(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Tanzanian Gold Corp), Indenture (Singing Machine Co Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 1004 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7)) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Laredo Petroleum Holdings, Inc.), Indenture (SEP Holdings III, LLC), Indenture (Rosetta Resources Offshore, LLC)
Covenant Defeasance. Upon the Company’s exercise of its the Issuers’ option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuers shall be released from its their obligations under Sections 1006 and 1007, Section 1004 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7)) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuers and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 5 contracts
Samples: Indenture (Genesis Sekco, LLC), Indenture (Genesis Energy Lp), Indenture (Genesis Free State Holdings, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 10071005 through 1006, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 10071005 through 1006, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, Default in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Psi Energy Inc), Indenture (Cinergy Corp), Cinergy Corp
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 8.01 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(45.01(3), 5.01(4) (with respect to Sections 1006 and 1007, Section 8.01 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7)) and 501(75.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (United States Steel Corp), Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)
Covenant Defeasance. Upon the Company’s Issuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuer shall be released from its obligations under Sections 1006 and 1007, Section 801(3) and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to Sections 1006 and 1007Section 801(3), and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Energy Income & Growth Fund, Energy Income & Growth Fund, Nuveen Tax Advantaged Total Return Strategy Fund
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(16), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(16), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Weeks Realty L P, Weeks Realty L P, Weeks Realty L P
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Scholastic Corp, Scholastic Corp, Scholastic Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Section 8.01, Sections 1006 and 100710.04 through 10.08, inclusive, and any covenants provided pursuant to Sections 301(193.01(s), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such Securities, and (2b) the occurrence of any event specified in Sections 501(4Section 5.01(e) (with respect to any of Section 8.01, Sections 1006 and 100710.04 through Section 10.08, inclusive, and any such covenants provided pursuant to Sections 301(193.01(s), 901(29.01(b) or 901(79.01(g)), and Sections 5.01(e) and 501(7through 5.01(i) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Medtronic PLC), Indenture (Medtronic Inc), Indenture (Medtronic Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of DefaultDefault and the provisions of Article Fourteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc, Ugly Duckling Corp
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any applicable series of Securities or any series Securities of Securitiessuch series, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1005 through 1007, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1005 through 1007, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Alexanders Inc), Indenture (Alexanders Inc), Alexanders Inc
Covenant Defeasance. Upon the Company’s or the Parent Guarantor’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantors shall be released from its their obligations under Section 801(2), Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2901(3) or 901(7901(9) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Section 801(2), Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2901(3) or 901(7901(9)) and 501(7501(4) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Samples: Indenture (Anheuser-Busch InBev SA/NV), Brandbev S.a r.l., Cobrew SA/NV
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Article X, Section 4.06, and any covenants provided pursuant to Sections 301(192.01(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(3) (with respect to Sections 1006 and 1007any of Article X, Section 4.06, and any such covenants provided pursuant to Sections 301(192.01(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 501(76.01(a)(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: 1 (Metlife Capital Trust Iii), Metlife Inc, Metlife Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Sun Microsystems Inc, Sun Microsystems Inc, Lsi Logic Corp
Covenant Defeasance. Upon the Company’s exercise of The Company may cause itself to be released from its option (if anyobligations under Section 1004 and any covenants provided pursuant to Section 301(19), 901(8) to have this Section applied or 901(9) with respect to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) Securities for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections Section 301(19), 901(2901(8) or 901(7901(9)) and or 501(7) shall be deemed not to be or result in an Event of Default, in each case Default with respect to such Securities as provided in this Section Section, in each case on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Senior Indenture (Alpha Natural Resources, Inc.), Indenture (Energy Transport CO), Senior Indenture (Massey Energy Co)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to any Securities or any series of Securities, as the case may beOutstanding Notes, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2Section 3.01(16) or 901(7Section 9.01(2) for with respect to the benefit of the Holders of such SecuritiesNotes and Section 8.01, as applicable, and (2) the occurrence of any event specified in Sections 501(4Section 5.01(4) (with respect to Sections 1006 and 1007Section 8.01, and any such covenants provided pursuant to Sections 301(19Section 3.01(16) or Section 9.01(2)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities the Outstanding Notes as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any covenants added for the benefit of the Notes pursuant to any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities the Notes shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (BrightSpring Health Services, Inc.), Supplemental Indenture (BrightSpring Health Services, Inc.), Supplemental Indenture (BrightSpring Health Services, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may bemaybe, (1i) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19)Section 3.1.17, 901(2) 9.1.2 or 901(7) 9.1.8 for the benefit of the Holders of such Securities, and (2ii) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7) Section 5.1.4 shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)5.1.4), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Vale Overseas LTD, Vale Overseas LTD, Gerdau Trade II Inc.
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1i) the Company shall be released from its obligations under Section 8.01(3), Sections 1006 and 100710.05 through 10.18, inclusive, Section 10.20, and any covenants covenant provided pursuant to Sections 301(19), 901(2Section 9.01(ii) or 901(7) for and the benefit of Guarantors shall be released from their obligations under Article XIII and the Holders of such SecuritiesGuarantees, and (2ii) the occurrence of any event specified in Sections 501(45.01(3) and 5.01(4) (with respect to Section 8.01(3) and any of Sections 1006 10.05 through 10.18, inclusive, and 1007Section 10.20, and any such covenants provided pursuant to Sections 301(19Section 9.01(ii)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(3) or 5.01(4)), whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Section 1008, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(a)(iv) (with respect to Sections 1006 and 1007, Section 1008 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7501(b)(vi) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(b)(v)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Cullen/Frost Bankers, Inc., Cullen/Frost Bankers, Inc., Cullen/Frost Bankers, Inc.
Covenant Defeasance. Upon the Company’s Issuer's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuer shall be released from its obligations under Sections 1006 and 1007, Section 8.1(3) and any covenants provided pursuant to Sections 301(19Section 3.1(18), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(45.1(3) (with respect to Sections 1006 and 1007Section 8.1(3), and any such covenants provided pursuant to Sections 301(19Section 3.1(18), 901(29.1(2) or 901(79.1(7)) and 501(75.1(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Tortoise Energy Infrastructure Corp, Tortoise Energy Infrastructure Corp, Tortoise Energy Infrastructure Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Wellpoint Inc), Indenture (Wellpoint, Inc), Wellpoint Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1i) the Company shall be released from its obligations under Section 8.01(3), Sections 1006 and 100710.05 through 10.19, inclusive, and any covenants covenant provided pursuant to Sections 301(19), 901(2Section 9.01(ii) or 901(7) for and the benefit of Guarantors shall be released from their obligations under Article XIII and the Holders of such SecuritiesGuarantees, and (2ii) the occurrence of any event specified in Sections 501(45.01(3) and 5.01(4) (with respect to Section 8.01(3) and any of Sections 1006 and 100710.05 through 10.19, inclusive, and any such covenants provided pursuant to Sections 301(19Section 9.01(ii)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(3) or 5.01(4)), whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (United Rentals Gulf Inc), United Rentals Inc /De, United Rentals Inc /De
Covenant Defeasance. Upon the Company’s exercise of its option (option, if any) , to have this Section 1303 applied to any Securities or any series of Securities, as the case may be, or if this Section 1303 shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19Section 301(22), 901(2Section 901(1) or 901(7Section 901(8) for the benefit of the Holders of such SecuritiesSecurities and the covenants set forth in Section 704, Section 1002, Section 1007 and Section 801, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)Section 501(3) and 501(7Section 501(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section 1303 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Marvell Technology Group LTD), Marvell Technology Group LTD, Marvell Technology Group LTD
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Reliant Energy Inc), Reliant Energy Inc, Noram Energy Corp/
Covenant Defeasance. Upon the Company’s exercise of The Company may cause itself to be released from its option (if anyobligations under Section 1004 and any covenants provided pursuant to Section 301(19), 901(2), 901(6) to have this Section applied or 901(7) with respect to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) Securities for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7)) and or 501(7) shall be deemed not to be or result in an Event of Default, in each case Default with respect to such Securities as provided in this Section Section, in each case on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Senior Indenture (Duke Power Co /Nc/), Senior Indenture (Duke Power Co /Nc/), Texas Eastern Transmission Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 10.04 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7Section 9.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4Section 5.01(4) (with respect to Sections 1006 and 1007, Section 10.04 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(2), Section 9.01(6) or 901(7)Section 9.01(7) and 501(7Section 5.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Ruth's Chris Steak House Texas, L.P.
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Allstate Corp), Allstate Corp, Allstate Corp
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections Section 801(3), Section 1006 and 1007, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections any of Section 801(3), Section 1006 and 1007, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Ubs Ag, UBS Preferred Funding Trust VIII, Ubs Ag
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of the Securities, as the case may be, (1) the Company shall be released from its obligations under any term, provision or condition provided in pursuant to Article Eight and Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), Section 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7Section 501(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section Default on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such the Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), ) whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Samples: Indenture (Allegheny Energy Supply Co LLC), Allegheny Energy Supply Co LLC, Exelon Generation Co LLC
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 1005 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1005 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”"COVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Aig Capital Trust I, American International Group Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Article X, Sections 1006 4.07 and 10074.08, and any covenants provided pursuant to Sections 301(19), 901(22.01(15) or 901(79.01(4) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4Section 6.01(a)(3) (with respect to any of Article X, Sections 1006 4.07 and 10074.08, and any such covenants provided pursuant to Sections 301(19), 901(22.01(15) or 901(79.01(4)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Senior Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1201 to have this Section 1203 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, (1) the Company shall be released from its obligations under Sections 1006 801 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, 1005 and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to Sections 1006 801 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(21005) or 901(7)) and 501(7501(5) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section 1203 on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with (and no Event of Default shall arise out of such non-compliance) and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))801 and/or 1005, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Senior Indenture (Aetna Inc /Pa/), Senior Indenture (Aetna Inc /Pa/)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) right to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Sections 1006 10.10 and 100710.11, and any covenants provided pursuant to Sections 301(19)Section 3.1(k) relating to covenants of the Company with respect to a particular series of Securities, 901(2Section 9.1(b) or 901(79.1(h) for the benefit of the Holders of such Securities, Securities and (2b) the occurrence of any event specified in Sections 501(45.1(d) (with respect to Sections 1006 10.10 and 100710.11, and any such covenants provided pursuant to Sections 301(19Section 3.1(k) relating to covenants of the Company with respect to a particular series of Securities, Section 9.1(b) or 9.1(h)), 901(2) or 901(7)) and 501(75.1(g) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.1(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Texas New Mexico Power Co), Texas New Mexico Power Co
Covenant Defeasance. Upon the Company’s Issuers’ exercise of its their option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company Issuers shall be released from its their obligations under Sections 1006 Section 8.01(3) and 1007Section 10.05, and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(45.01(4) (with respect to Sections 1006 any of Section 8.01(3) and 1007Section 10.05, and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7)) and 501(75.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuers may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 1006, 1007 and 10071009, and any covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7901(6) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(5) (with respect to any of Sections 1006 1006, 1007 and 10071009, and any such covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7901(6)) and 501(7501(9) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(5) and 501(8)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Wendys International Inc), Nuevo Energy Co
Covenant Defeasance. Upon the Company’s 's or the Guarantor's exercise of its option their respective options (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantor shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19)Section 301, 901(2) 801, 901 or 901(7) 1004 for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19Section 301, 801, 901 or 1004), 901(2) or 901(7501(5), 501(6) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 1004 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7)) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (SN Cotulla Assets, LLC), Laredo Petroleum, Inc.
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) right to have this Section applied to any Securities or any series of Securities, as the case may be, (1a) the Company shall be released from its obligations under Sections 1006 and 1007Section 8.01(3), Section 10.06, and any covenants provided pursuant to Sections 301(19Section 3.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, Securities and (2b) the occurrence of any event specified in Sections 501(45.01(4) (with respect to Sections 1006 and 1007any of Section 8.01(3), Section 10.06, and any such covenants provided pursuant to Sections 301(19Section 3.01(21), 901(29.01(2) or 901(79.01(7)), 5.01(5) and 501(75.01(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Fluor Corp), Fluor Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 Section 10.04 and 1007, and in any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(45.01(4) (with respect to Sections 1006 and 1007, Section 10.04 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7)) and 501(75.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy, Inc.), Gulfport Buckeye LLC
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Article X and any covenants provided pursuant to Sections 301(192.01(a)(15), 901(29.01(d) or 901(79.01(g) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to Sections 1006 and 1007, any of Article X and any such covenants provided pursuant to Sections 301(192.01(a)(15), 901(29.01(d) or 901(7)9.01(g) and 501(76.01(a)(7)) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: And (SiriusPoint LTD), SiriusPoint LTD
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if anyprovided in Section 10.06(a) to have this Section 10.06(c) applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, (1) the Company shall be released from its obligations under Sections 1006 8.01 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit 10.05 of the Holders Base Indenture and Sections 2.14 and 2.19 of such Securitiesthe Supplemental Indenture, and (2) the occurrence of any event specified in Sections 501(45.01(4) and 5.01(7) of the Base Indenture (with respect to Sections 1006 8.01 and 1007, 10.05 of the Base Indenture and any such covenants provided pursuant to Sections 301(192.14 and 2.19 of the Supplemental Indenture), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section 10.06(c) on and after the date the conditions set forth in Section 1304 10.06(d) are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with (and no Event of Default shall arise out of such non-compliance) and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to 8.01 or 10.05 of the extent so specified in Base Indenture or Section 2.14 or 2.19 of the case of Section 501(4))Supplemental Indenture, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Supplemental Indenture (Halfmoon Parent, Inc.), Supplemental Indenture (Cigna Corp)
Covenant Defeasance. Upon the Company’s exercise of The Corporation may cause itself to be released from its option (if anyobligations under Section 1004 and any covenants provided pursuant to Section 301(19), 901(2), 901(6) to have this Section applied or 901(7) with respect to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) Securities for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections Section 301(19), 901(2), 901(6) or 901(7)) and or 501(7) shall be deemed not to be or result in an Event of Default, in each case Default with respect to such Securities as provided in this Section Section, in each case on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Corporation may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Duke Capital Financing Trust Iii), Duke Capital Financing Trust V
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1) the Company shall be released from its obligations under Section 801(iii), Sections 1006 and 10071005 through 1016, inclusive, and any covenants covenant provided pursuant to Sections 301(19), Section 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to Section 801(iii)), Section 501(5) (with respect to any of Sections 1006 and 10071005 through 1016, inclusive, and any such covenants provided pursuant to Sections 301(19Section 901(2)), 901(2Section 501(6) or 901(7)) and Section 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section Sections 501(4) and 501(5)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Nextel Communications Inc), Indenture (Nextel Communications Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 to have this Section 1303 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beseries, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Section 801 and (2) the occurrence of any event specified in Sections 501(3), 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)Section 801) and 501(7501(5) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Nabors Industries Inc, Nabors Industries Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Noram Energy Corp/, Noram Energy Corp/
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in SECTION 13.01 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, (1i) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant with respect to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders Securities of such Securities, series under SECTIONS 8.01 and 10.05 and (2ii) the occurrence of any an event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2SECTIONS 5.01(3) or 901(7)) and 501(7(4) shall not be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section Default on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called “Covenant Defeasance”hereinafter, "COVENANT DEFEASANCE"), but the remainder of this Indenture and such Securities shall be unaffected thereby. For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), or clause whether directly or indirectly by reason of any reference elsewhere herein to any such Section or clause or by reason of any reference in any such Section or clause to any other provision herein or in any such Section or clause to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantor shall be released from its their obligations under Sections 1006 1004 and 1007, 1007 and any covenants provided pursuant to Sections 301(19Section 301(17), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 1004 and 1007, 1007 and any such covenants provided pursuant to Sections 301(19Section 301(17), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Heinz Hj Finance Co, Heinz H J Co
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Allegiance Corp, Allegiance Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) right to have this Section applied to any Securities or any series of Securities, as the case may be, and any Subsidiary Guarantees (1a) the Company shall be released from its obligations under Sections 1006 10.07 and 100710.08, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(79.01(3) for the benefit of the Holders of such Securities, Securities and (2b) the occurrence of any event specified in Sections 501(45.01(4) (with respect to Sections 1006 10.07 and 100710.08, and any such covenants provided pursuant to Sections 301(199.01(3), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4Sections 5.01(4) and 5.01(5)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Owens & Minor Distribution, Inc., Owens & Minor Inc/Va/
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(16), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any -57- of Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(16), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Storage Usa Inc), Indenture (Susa Partnership Lp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (M/I Homes of Grandview Yard, LLC), M/I Homes of Grandview Yard, LLC
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 14.03 applied to any Securities or any series of Securities, as the case may beOutstanding Notes, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2Section 3.01(16) or 901(7Section 9.01(2) for with respect to the benefit of the Holders of such SecuritiesNotes and Section 8.01, as applicable, and (2) the occurrence of any event specified in Sections 501(4Section 5.01(4) (with respect to Sections 1006 and 1007Section 8.01, and any such covenants provided pursuant to Sections 301(19Section 3.01(16) or Section 9.01(7)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities the Outstanding Notes as provided in this Section on and after the date the conditions set forth in Section 1304 14.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any covenants added for the benefit of the Notes pursuant to any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities the Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: First Supplemental Indenture (GFL Environmental Inc.), Indenture (GFL Environmental Holdings Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and the Guarantor shall be released from its their respective obligations under Sections 1006 and 1007, Section 801(3) and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, any of Section 801(3) and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Berkshire Hathaway Inc, Berkshire Hathaway Inc
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 applicable to have this Section applied to any Securities or any series of Securities, as the case may be, (1i) the Company shall be released from its obligations under Sections 1006 and 10071005 through 1018, inclusive, and any covenants provided pursuant to Sections 301(19), 901(2Clauses (3) or 901(7) for the benefit of the Holders of such Securities, and (24) of Section 801, (ii) the occurrence of any an event specified in Sections 501(3), 501(4) (with respect to Clauses (3) and (4) of Section 801 and Sections 1006 and 10071005 through 1018, and any such covenants provided pursuant to Sections 301(19inclusive), 901(2) or 901(7)501(5) and 501(7501(6) shall not be deemed not to be or result in an Event of DefaultDefault and (iii) the provisions of Article Twelve shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called “Covenant Defeasance”hereinafter, "covenant defeasance"). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))or Article, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Granite Broadcasting Corp, Granite Broadcasting Corp
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 801, Section 1006 and 1007to 1008, inclusive, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7901(5) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Section 801, Sections 1006 and 1007to 1008, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7Section 901(5) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1i) the Company shall be released from its obligations under Section 8.1(3), Sections 1006 and 100710.5 through 10.19, inclusive, and any covenants covenant provided pursuant to Sections 301(19)Section 9.1(2) and the Guarantors shall be released from their obligations under Article XIII and the Guarantees, 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2ii) the occurrence of any event specified in Sections 501(45.1(3) and 5.1(4) (with respect to Section 8.1(3) and any of Sections 1006 and 100710.5 through 10.19, inclusive, and any such covenants provided pursuant to Sections 301(19Section 9.1(2)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.1(3) or 5.1(4)), whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Group Maintenance America Corp, Group Maintenance America Corp
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 13.01 to have this Section 13.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 8.01 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(45.01(3), 5.01(4) (with respect to Sections 1006 and 1007, Section 8.01 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2) or 901(79.01(7)) and 501(75.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, as the case may be, (1) the Company Issuer and the Guarantor, as applicable, shall be released from its their respective obligations under Sections 1006 801(3) and 1007Sections 1005 through 1010, inclusive (and any covenants covenant provided pursuant to Sections 301(19Section 901(2), 901(2) or 901(7) for the benefit of the Holders of such Securities), and (2) the occurrence of any event specified in Sections 501(4Section 501(3) (with respect to Sections 1006 and 1007any of Section 801(3), and Sections 1005 though 1010, inclusive (or to any such covenants covenant provided pursuant to Sections 301(19Section 901(2)), 901(2) or 901(7)) and 501(7Section 501(4) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer and the Guarantor, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in (or provided pursuant to) any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Lexmark International Group Inc, Lexmark International Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) ), shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall -52- 60 have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) or Article Fifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Read Rite Corp /De/, Read Rite Corp /De/
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Article X, Section 4.06, and any covenants provided pursuant to Sections 301(192.01(a)(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to Sections 1006 and 1007any of Article X, Section 4.06, and any such covenants provided pursuant to Sections 301(192.01(a)(16), 901(29.01(4) or 901(79.01(7)), 6.01(a)(7) and 501(76.01(a)(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Gamco Investors, Inc. Et Al, GBL Trust I
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1010, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (American Greetings Corp), American Greetings Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 10.04 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4Section 5.01(3) (with respect to Sections 1006 and 1007, Section 10.04 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)Section 9.01(10) and 501(7Section 5.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Enflex Corp), CVG Oregon, LLC
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 801, Section 1006 and 1007to 1008, inclusive, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Section 801, Sections 1006 and 1007to 1008, and any such covenants provided pursuant to Sections 301(19), Section 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Phoenix Companies Inc/De, assets.nfg.com
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 8.1(3) and any covenants provided pursuant to Sections 301(19Section 3.1(l) (as such pertains to covenants), 901(29.1(3) or 901(79.1(4)) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(45.1(3) (with respect to Sections 1006 and 1007, any of Section 8.1(3) and any such covenants provided pursuant to Sections 301(19Section 3.1(l) (as such pertains to covenants), 901(29.1(3) or 9.1(4) or 901(7)) ), and 501(75.1(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Everest Re Group LTD, Everest Re Capital Trust
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Section 801(3), Section 1004, Section 1005, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007any of Section 801(3), Section 1004, Section 1005, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: PPG Industries Inc, PPG Industries Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1008, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1008, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7)) ), 501(5), 501(6), and 501(7501(10) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) , whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Rf Micro Devices Inc, Forest Oil Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1i) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, [ ] and (2ii) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007[ ], and any such covenants provided pursuant to Sections 301(19Section 9.01(ii)), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))Section, whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Wynne Systems Inc, United Rentals Realty, LLC
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 10.04 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7Section 9.01(10) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4Section 5.01(3) (with respect to Sections 1006 and 1007, Section 10.04 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(2Section 9.01(4), Section 9.01(10) or 901(7)Section 9.01(10) and 501(7Section 5.01(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.03 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 8.01 and any covenants provided pursuant to Sections 301(19Section 3.01(17), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(45.01(3), 5.01(4) (with respect to Sections 1006 and 1007, Section 8.01 and any such covenants provided pursuant to Sections 301(19Section 3.01(17), 901(29.01(2) or 901(79.01(7)) ), and 501(75.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (United States Steel Corp), United States Steel Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Article Eight, Sections 704 and 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to any of Article Eight, Section 704 or Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Hewlett Packard Enterprise Co, Hp Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may beNotes, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections 301(19Section 901(2), 901(2901(6) or 901(7) for the benefit of the Holders of such Securities, Notes and (2) the occurrence of any event specified in Sections 501(4501(c) (with respect to any of Section 801(3), Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7901(6)) and 501(7) , shall be deemed not to be or result in an Event of DefaultDefault and the provisions of Article XIV shall cease to be effective, in each case with respect to such Securities Notes as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(c))) or Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such 57 Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may beNotes, (1) the Company shall be released from its obligations under Section 801(3) and Sections 1006 and 10071005 through 1009, inclusive, of the Indenture, and any covenants provided pursuant to Sections 301(19301(16), 901(2) or 901(7) of the Indenture for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3) and Sections 1006 and 10071005 through 1009, inclusive, of the Indenture and any such covenants provided pursuant to Sections 301(19301(16), 901(2) or 901(7)) ), and 501(7) of the Indenture shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities the Notes as provided in this Section on and after the date the conditions set forth in Section 1304 5.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section of the Indenture (to the extent so specified in the case of Section 501(4))) of the Indenture, whether directly or indirectly by reason of any reference elsewhere herein in the Indenture to any such Section or by reason of any reference in any such Section to any other provision herein in the Indenture or in any other document, but the remainder of this Indenture and such Securities the Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (DOVER Corp), Indenture (DOVER Corp)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.1 applicable to have this Section applied to any Securities or any series of Securities, as the case may beSection, (1i) the Company shall be released from its obligations under Sections 1006 and 10074.3 through 4.9 hereof, inclusive, clause (b)(i) of Section 4.10 hereof, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Section 4.12 hereof and (2ii) the occurrence of any an event specified in Sections 501(4subsection 6.1(c) hereof (with respect to clause (b)(i) of Section 4.10 hereof) and (d) (with respect to any of Sections 1006 and 10074.3 through 4.9 hereof, inclusive, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7Section 4.12 hereof) shall not be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section Default on and after the date the conditions set forth in Section 1304 below are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))or clause, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or clause or by reason of any reference in any such Section or clause to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Telefonica of Argentina Inc), Telefonica of Argentina Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and through 1007, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and through 1007, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: M I Homes Inc, M I Homes Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 Section 801(3) and 1007, Section 1004 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 Section 801(3) and 1007, Section 1004 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Fourteen and Article Sixteen shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) or Article Fourteen or Article Sixteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Key3media Events Inc, Key3media Group Inc
Covenant Defeasance. Upon Unless otherwise provided with respect to any Series pursuant to Section 2.2, at the option of the Company’s exercise of its option (if any) , pursuant to have this Section applied to any Securities or any series of Securitiesa Board Resolution, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to the outstanding Securities of any Series under any covenant set forth in Sections 1006 and 10074.2, and 4.4 or 4.5 or any covenants to be applicable to the Securities of such covenants provided Series as contemplated by Section 2.2(18) unless specified otherwise pursuant to Sections 301(19)said Section, 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the outstanding Securities of such Securities as provided in this Section Series, on and after the date the conditions set forth in Section 1304 9.4 hereof are satisfied (hereinafter called hereinafter, “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))or portion thereof, whether directly or indirectly by reason of any reference elsewhere herein to any such specified Section or portion thereof or by reason of any reference in any such specified Section or portion thereof to any other provision herein or in any other document, but the remainder of this Indenture and such the Securities of any Series shall be unaffected thereby.
Appears in 2 contracts
Samples: Biogen Inc., Biogen Inc.
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securitiesthe Outstanding Notes, as the case may be, (1) the Company shall be released from its obligations under Section 801, Sections 1006 and 1007through 1008, inclusive, and any covenants provided pursuant to Sections 301(19), Section 901(2) or 901(7) for the benefit of the Holders of such Securities, the Notes and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Sections 1006 and 1007through 1008, inclusive, and any such covenants provided pursuant to Sections 301(19), Section 901(2) or 901(7)) and 501(7501(4) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section Default on and after the date the conditions set forth in Section 1304 1104 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.
Appears in 2 contracts
Samples: Pmi Group Inc, Triad Guaranty Inc
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may beDebentures, (1) the Company shall be released from its obligations under Sections 801, 1006 and 1007, and any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4501(3) (with respect to any of Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)) and 501(7501(4) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities Debentures as provided in this Section on and after the date the conditions set forth in Section 1304 1104 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesDebentures, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Debentures shall be unaffected thereby.
Appears in 2 contracts
Covenant Defeasance. Upon the Company’s 's exercise of its option (option, if any) , to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 10071005 through 1009, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 10071005 through 1008, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Parker Hannifin Corp, Parker Hannifin Corp
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 10071007 through 1010, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 10071007 through 1010, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Newmont Mining Corp /De/), Newmont Mining Corp /De/
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 10.04 and any covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(45.01(4) (with respect to Sections 1006 and 1007, Section 10.04 and any such covenants provided pursuant to Sections 301(19Section 3.01(18), 901(29.01(2), 9.01(6) or 901(79.01(7)) and 501(75.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(45.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Diamondback Energy O&G LLC), Indenture (Jaguar Resources LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) each of the Company and the Guarantor shall be released from its respective obligations under Sections 1006 and 10071105 through 1108, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(12), 901(21001(2) or 901(71001(6) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4601(4) (with respect to any of Sections 1006 and 10071105 through 1108, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(12), 901(21001(2) or 901(71001(6)) and 501(7601(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, each of the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4601(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Mellon Financial Corp, Mellon Financial Corp
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Section 801(3), Sections 1006 and 1007through 1008, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Section 801(3), Sections 1006 and 1007through 1008, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7)) ), 501(5), 501(6), and 501(7501(10) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: South Financial Group Inc, South Financial Group Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 1004 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1004 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2), 901(6) or 901(7)) and 501(7501(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))) or Article XV or the last paragraph of Section 1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or Article or by reason of any reference in any such Section or Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Vitamin Shoppe, Inc.), Indenture (Rosetta Resources Offshore, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Article X, Sections 1006 4.06 and 10074.07, and any covenants provided pursuant to Sections 301(192.01(a)(15), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to any of Article X, Sections 1006 4.06 and 10074.07, and any such covenants provided pursuant to Sections 301(192.01(a)(15), 901(29.01(4) or 901(7)9.01(7) and 501(76.01(a)(7)) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Samples: Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to any of Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Wendys International Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 1403 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 Article Eight and 1007, and under any covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 Article Eight and 1007, and to any such covenants provided pursuant to Sections 301(19Section 301(20), 901(2) or 901(7)) ), and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section 1403 on and after the date the conditions set forth in Section 1304 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, be (1) each of the Company and the Guarantor shall be released from its respective obligations under Sections 1006 and 10071105 through 1108, inclusive, and any covenants provided pursuant to Sections 301(19Section 301(12), 901(21001(2) or 901(71001(6) for the 86 96 benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4Section 603(3) (with respect to any of Sections 1006 and 10071105 through 1108, inclusive, and any such covenants provided pursuant to Sections 301(19Section 301(12), 901(21001(2) or 901(71001(6)) and 501(7) shall be deemed not to be or result in an Event of a Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1504 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, each of the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4603(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Mellon Financial Corp
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Article X, Section 4.06, and any covenants provided pursuant to Sections 301(192.01(15), 901(29.01(3) or 901(79.01(6) for the benefit of the Holders holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(46.01(a)(3) (with respect to Sections 1006 and 1007any of Article X, Section 4.06, and any such covenants provided pursuant to Sections 301(192.01(15), 901(29.01(3) or 901(79.01(6)) and 501(76.01(a)(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 13.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (American Equity Investment Life Holding Co)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section applied to any the Outstanding Securities or any series of Securities, (as the case may bea whole and not in part), (1) the Company shall be released from its obligations under Section 801(iii), Sections 1006 and 10071005 through 1016, inclusive, and any covenants covenant provided pursuant to Sections 301(19), Section 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to Section 801(iii)), Section 501(5) (with respect to any of Sections 1006 and 10071005 through 1016, inclusive, and any such covenants provided pursuant to Sections 301(19Section 901(2)), 901(2Section 501(6) or 901(7)) and Section 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 1204 are satisfied (hereinafter called “Covenant Defeasance”Defeasance ). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section Sections 501(4) and 501(5)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein 123 October '97 Notes Indenture or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Nextel Communications Inc
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company and Parent shall be released from its their respective obligations under Article Eight, Sections 704 and 1006 and 1007through 1009, inclusive, and any covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections Section 501(4) (with respect to any of Article Eight, Section 704 or Sections 1006 and 1007through 1009, inclusive, and any such covenants provided pursuant to Sections Section 301(19), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and Parent may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Genpact LTD)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have defease certain restrictive covenants in this Section applied Indenture with respect to the Notes of any Securities or any series of Securities, as the case may beseries, (1) the Company shall be released from its obligations under Sections 1006 and 1007Section 5.01(3), Section 4.06 through Section 4.09, inclusive, and any covenants Section 4.11, (2) the Subsidiary Guarantor shall be released from the Subsidiary Guarantee provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of such Securities, Article 10 and (23) the occurrence of any event specified in Sections 501(4Section 6.01(3) (with respect to Sections 1006 and 1007any of Section 5.01(3), Section 4.06 through Section 4.09, inclusive, Section 4.11 and any such covenants in connection with the Subsidiary Guarantee provided pursuant to Sections 301(19Article 10), 901(2) or 901(7)Section 6.01(4) and 501(7Section 6.01(7) shall be deemed not to be or result in an Event of Default, in each case case, with respect to such Securities Notes as provided in this Section 8.03 on and after the date the conditions set forth in Section 1304 8.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesNotes, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(46.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities Notes shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, Section 1105 and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, Securities and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, Section 1105 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)) and 501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant DefeasanceCOVENANT DEFEASANCE”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Subordinated Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Commscope Inc
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 1301 to have this Section 1303 applied to the Outstanding Securities of any Securities or any series of Securities, as the case may beDefeasible Series, (1a) the Company shall will be released from its obligations under Sections 1006 and 1007Section 801, Section 1005, and the provisions of any covenants provided pursuant to Sections 301(19), 901(2) or 901(7) for the benefit of the Holders of Supplemental Indenture specified in such SecuritiesSupplemental Indenture, and (2b) the occurrence of any event specified in Sections 501(3), 501(4) (with respect to Sections 1006 and 1007any of Section 801, Section 1005, and the provisions of any Supplemental Indenture specified in such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)Supplemental Indenture) and 501(7) shall will be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities series as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall will have no liability in respect of any term, condition condition, or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities shall series will be unaffected thereby.
Appears in 1 contract
Samples: Micron Electronics Inc
Covenant Defeasance. Upon the Company’s exercise of its option (option, if any) , to have this Section 1303 applied to any Securities or any series of Securities, as the case may be, or if this Section 1303 shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007, and any covenants provided pursuant to Sections 301(19Section 301(21), 901(2Section 901(1) or 901(7Section 901(8) for the benefit of the Holders of such SecuritiesSecurities and the covenants set forth in Section 704, Section 1002, Section 1005 and Section 801, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007, and any such covenants provided pursuant to Sections 301(19), 901(2) or 901(7)Section 501(3) and 501(7Section 501(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section 1303 on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Westwater Resources, Inc.
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from its obligations under Sections 1006 and 1007Section 801, Section 1008, and any covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such Securities, and (2) the occurrence of any event specified in Sections 501(4) (with respect to Sections 1006 and 1007any of Section 801(3), Section 1008 and any such covenants provided pursuant to Sections 301(19Section 301(18), 901(2) or 901(7)), 501(5) and 501(7501(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities as provided in this Section on and after the date the conditions set forth in Section 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section (to the extent so specified in the case of Section 501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or by reason of any reference in any such Section to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Samples: Indenture (Australia & New Zealand Banking Group LTD)