Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 9 contracts

Samples: Reconciliation And (Provident Companies Inc /De/), Indenture (Wellsford Residential Property Trust), Reconciliation And (Provident Companies Inc /De/)

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Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretoSecurities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretoSecurities.

Appears in 8 contracts

Samples: Indenture (Prologis, L.P.), Indenture (Prologis Yen Finance LLC), Indenture (Amb Property Lp)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.03 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.06 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.07 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, receive solely from the trust fund funds described in Section 1404 4.06(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.04, 3063.05, 1002 3.06, 9.02 and 1003 9.03 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.01(b)(17); (Ciii) the rights, powers, powers trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.05 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 8 contracts

Samples: Indenture (Amerus Life Holdings Inc), Indenture (Metris Companies Inc), Amerus Group Co/Ia

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, (D) the rights of Holders to convert or exchange Securities, if any, in accordance with their terms, and (DE) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 8 contracts

Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 7 contracts

Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any coupons appertaining thereto on after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretoSecurities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any, on) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities. Following a defeasance, payment of such Securities and any coupons appertaining theretomay not be accelerated because of an Event of Default.

Appears in 7 contracts

Samples: Indenture (CM Finance Inc), Indenture (FS Investment CORP), Indenture (Main Street Capital CORP)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, Section 606, the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 6 contracts

Samples: Indenture (BSC Capital Trust Iii), Indenture (Boston Scientific Corp), Indenture (Boston Scientific Corp)

Defeasance and Discharge. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each Guarantor and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each Guarantor and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, on and interest on, such Securities and any coupons appertaining thereto Securities, when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 607, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 6 contracts

Samples: Supplemental Indenture (Brooks Pharmacy, Inc.), Autobahn Inc, Brooks Pharmacy, Inc.

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, Section 606 and the penultimate paragraph of Section 1405 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 6 contracts

Samples: Indenture (pdvWireless, Inc.), Indenture (Boingo Wireless Inc), Indenture (Medicinova Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 6 contracts

Samples: Indenture (Deere & Co), Indenture (Deere & Co), Indenture (Pseg Energy Holdings Inc)

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option specified in Section 10.3 applicable to this Section with respect to any the Securities of or within a series, the Company Issuer and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto and the related Guarantee on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company Issuer and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, thereto and the related Guarantee which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7 and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section, and to have satisfied all of its their other obligations under such Securities and any coupons Coupons appertaining thereto and the related Guarantee and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto and the related Guarantee are concerned (and the Trustee, at the expense of the CompanyIssuer or the Guarantor, as applicable, shall on an Issuer Order or Guarantor Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) Principal and interest, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the Company's Issuer and the Guarantor’s obligations with respect to such Securities under Sections 305Section 2.8, 306Section 2.9, 1002 Section 3.2 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 3.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Subject to compliance with this Article FourteenArticle, the Company Issuer or the Guarantor may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 10.5 with respect to such Securities and any coupons Coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 6 contracts

Samples: Indenture (Enstar Finance LLC), Subordinated Indenture (Enstar Finance LLC), Senior Indenture (Enstar Finance LLC)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. Money and securities held in trust pursuant to this Section 1402 shall not be subject to Article Sixteen.

Appears in 5 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Deere & Co), Indenture (Deere & Co)

Defeasance and Discharge. Upon the Company's exercise of the above its option applicable to have this Section with respect applied to any Securities series of or within a seriesSecurities, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series, and any coupons appertaining thereto the provisions of Article Thirteen hereof shall cease to be effective, on and after the date the conditions precedent set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and any coupons appertaining thereto, of such series which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto of such series to receive, solely from the trust fund described in Section 1404 and 1504 as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to the Securities of such series. Following a defeasance, payment of such Securities and any coupons appertaining theretomay not be accelerated because of an Event of Default.

Appears in 5 contracts

Samples: Indenture (Talk America), Indenture (Talk America), Brookdale Living Communities Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 5 contracts

Samples: Indenture (Complete Management Inc), Indenture (Complete Management Inc), Indenture (Hub International LTD)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the Company's obligations with respect to a conversion or exchange of such Securities; (iv) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Dv) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 5 contracts

Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Senior Indenture (Eastern Environmental Services Inc)

Defeasance and Discharge. Upon Unless otherwise provided pursuant to Section 301, upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to 402, the Company, each of the Guarantors, if any, and any other obligor upon the Securities of or within a any series, the Company if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each of the Guarantors, if any, and any other obligor under the Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding the Defeased Securities and any coupons appertaining theretoof that series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, and interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 606, (d) this Article Four and (De) this Articleif the Security is convertible, the right of the Holder to convert the Security according to the terms set forth pursuant to Section 301. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such the Securities and any coupons appertaining theretoof that series.

Appears in 5 contracts

Samples: Senior Indenture (Sinclair Television Co Ii Inc), Sinclair Television Co Ii Inc, Indenture (WSTR Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 5 contracts

Samples: Indenture (Carramerica Realty L P), Indenture (Carramerica Realty Corp), Carramerica Realty Corp

Defeasance and Discharge. Upon In addition to the Company's exercise defeasance and discharge provisions set out in Section 403 of the above Indenture, the following defeasance provision shall apply to the Notes: The Company may, at its option applicable and at any time (including the exercise by the Company of a Covenant Defeasance (as defined herein)), elect to this Section have its obligations discharged with respect to any Securities the Notes (“Legal Defeasance”). In the event of or within a series, the Company shall be deemed to have been discharged from its obligations Legal Defeasance with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafterNotes, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 on all outstanding Notes and the other Sections provisions of this Indenture referred as it relates to in clauses such Outstanding Notes (A) and (B) below, and except to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto Notes to receive, solely receive from the trust fund funds described in Section 1404 and as more fully set forth in such Sectionsubparagraph (i) below, payments in respect payment of the principal of (and premium or Make-Whole Amountpremium, if any) and or interest, if any, on such Securities Notes on the Stated Maturity of such principal of (and premiums, if any) or interest or any coupons appertaining thereto when mandatory sinking fund payments or analogous payments applicable to the Notes on the day on which such payments are duedue and payable in accordance with the terms of the Indenture and of such Notes, (B) the Company's ’s obligations with respect to such Securities Notes under Sections 304, 305, 306, 1002 and 1003 and with respect to of the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011Indenture, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder under the Indenture, including without limitation Section 607 of the Indenture and (D) this ArticleArticle Four of the Base Indenture, which in each case shall survive until otherwise terminated or discharged hereunder) shall no longer be in effect, and the Trustee, at the expense of the Company, shall, upon Company Request, execute proper instruments acknowledging the same, provided that the conditions set out below have been satisfied. Subject to compliance with this Article FourteenIn addition, the Company may exercise may, at its option under this Section notwithstanding and at any time, elect to have the prior exercise obligations of its option under Section 1403 the Company with respect to such Securities the Notes be released with respect to covenants provided with respect to the Notes under Sections 301(14) or 901(2) of the Indenture (“Covenant Defeasance”), and any coupons appertaining thereto.the Trustee, at the expense of the Company, shall, upon Company Request, execute proper instruments acknowledging the same, provided that the conditions set out below have been satisfied. In the event of Covenant Defeasance, those events described under Section 501 of the Base Indenture and Article Seven of this Supplemental Indenture will no longer constitute an Event of Default. In order to exercise either Legal Defeasance or Covenant Defeasance:

Appears in 4 contracts

Samples: Indenture (Ryland Group Inc), Indenture (Ryland Group Inc), Fourth Supplemental Indenture (Ryland Group Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Developers Diversified Realty Corp), Indenture (Developers Diversified Realty Corp), Level 3 Communications Inc

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C19); (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 4 contracts

Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Universal Truckload Services, Inc.), Indenture (Pam Transportation Services Inc)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 13.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 13.5 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's and the Trustee's obligations with respect to such Securities under Sections 3051.13, 3061.14, 1002 3.4, 3.5, 3.6, 9.2 and 1003 9.3 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle 13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its the option under Section 1403 13.3 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 4 contracts

Samples: High Tide Inc., GREAT PANTHER MINING LTD, Northern Dynasty Minerals LTD

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "a “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C18); (iii) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 4 contracts

Samples: Indenture (Tengion Inc), Indenture (Methes Energies International LTD), Indenture (Netsol Technologies Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above its option applicable (if any) to have this Section with respect 1302 applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities as provided in this Section 1302 on and any coupons appertaining thereto on after the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasance"hereinafter called “Defeasance”). For this purpose, such defeasance Defeasance means that the Company and the Guarantors of the Securities shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other respective obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304(1) and as more fully set forth in such Section, payments in respect of the principal of (and any premium or Make-Whole Amount, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company's obligations of the Company with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and 1003 and Section 1003, and, if applicable, their obligations with respect to the payment conversion of Additional Amounts, if any, on such Securities as contemplated by Section 1011Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. If the Company exercises its Defeasance option, payment of the Securities may not be accelerated because of an Event of Default with respect to the Securities. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 1302 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 1403 1303 applied to such Securities. Upon the effectiveness of Defeasance with respect to any series of Securities, each Guarantor of the Securities of such series shall be automatically and unconditionally released and discharged from all of its obligations under its Guarantee of the Securities of such series and all of its other obligations under this Indenture in respect of the Securities of such series, without any coupons appertaining theretoaction by the Company, any Guarantor or the Trustee and without the consent of the Holders of any Securities.

Appears in 4 contracts

Samples: Indenture (Diamondback Energy O&G LLC), Indenture (Diamondback Energy, Inc.), Indenture (Diamondback Energy E&P LLC)

Defeasance and Discharge. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each Guarantor and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each Guarantor and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, on and interest on, such Securities and any coupons appertaining thereto Securities, when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 607, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 4 contracts

Samples: Uag Mentor Acquisition LLC, Atlantic Auto Funding Corp, Uag Connecticut I LLC

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, each of the Company Partnership and the Guarantor (if the Securities of such series are Guaranteed Securities) shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto and under the Guarantee in respect thereof (if applicable, respectively) on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities), which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto thereto, and the Guarantee in respect thereof (if the Securities of such series are Guaranteed Securities), and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership and the Guarantor (if the Securities of such series are Guaranteed Securities), shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa), Indenture (Brandywine Operating Partnership Lp /Pa)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 1402 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A1) and (B2) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (D4) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Shurgard Storage Centers Inc, Shurgard Storage Centers Inc

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any coupons appertaining thereto on after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretoSecurities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities. Following a defeasance, payment of such Securities and any coupons appertaining theretomay not be accelerated because of an Event of Default.

Appears in 4 contracts

Samples: Indenture (TCP Capital Corp.), TCP Capital Corp., Sixth Street Specialty Lending, Inc.

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are duedue and any right of such Holder to exchange such Securities for other Securities, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012 (but only to the extent that the Additional Amounts payable with respect to such Securities exceed the amount deposited in respect of such Additional Amounts pursuant to Section 1404 below), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 4 contracts

Samples: Indenture (Equity Office Properties Trust), Indenture (Equity Office Properties Trust), Crescent Real Estate Equities LTD Partnership

Defeasance and Discharge. Upon the Company's exercise under Section 1201 of the above option applicable to this Section with respect to any Securities of or within a series1202, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities Notes and any coupons appertaining thereto the Note Guarantees on the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities Notes and any coupons appertaining theretothe Note Guarantees, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1205 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities Notes and any coupons appertaining thereto the Note Guarantees and this Indenture insofar as such Securities Notes and any coupons appertaining thereto Note Guarantees are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders holders of such Outstanding Securities and any coupons appertaining thereto outstanding Notes to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, receive payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any, on) and interestinterest and Liquidated Damages, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, (B) the Company's obligations with to issue temporary Notes, register the transfer or exchange of any Notes, replace mutilated, destroyed, lost or stolen Notes, maintain an office or agency for payments in respect to of the Notes and segregate and hold such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011payments in trust, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Twelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 1202 notwithstanding the prior exercise of its option under Section 1403 1203 with respect to such Securities and any coupons appertaining theretothe Notes.

Appears in 3 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(a) (C19); (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 3 contracts

Samples: Indenture (Covenant Transportation Group Inc), Indenture (Celadon Group Inc), Indenture (Covenant Transportation Group Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Indenture Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Indenture Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Lexington Corporate Properties Trust), Lexington Corporate Properties Trust, Chartermac

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(18); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Public Service Co of North Carolina Inc), Indenture (Southwestern Energy Co), Public Service Co of North Carolina Inc

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, a "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C18); (iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Aol Time Warner Inc), Indenture (America Online Inc), Indenture (America Online Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004 with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Article Thirteen and with respect to the rights, if any, of holders to convert or exchange such Securities into other Securities, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Senior Indenture (KPMG Consulting Inc), SPX Corp, SPX Corp

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 14.2 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.5 and the other Sections of this Indenture referred to in clauses (A1) and (B2) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 10.2 and 1003 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this ArticleArticle XIV. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section 14.2 notwithstanding the prior exercise of its option under Section 1403 14.3 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Commercial Net Lease Realty Inc, National Retail Properties, Inc., Commercial Net Lease Realty Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: New Plan (New Plan Realty Trust), New Plan Realty Trust, New Plan Realty Trust

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Bii) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111008, (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Walden Residential Properties Inc), Indenture (Chateau Communities Inc), Chateau Communities Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any coupons Coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons Coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, thereto and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities of such series and any coupons Coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on or Additional Amounts with respect to such Securities and any coupons appertaining thereto Coupons when such payments are due, (B2) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011shall be ancillary thereto, (C3) the rights, powers, trusts, duties duties, indemnities, immunities and immunities other provisions in respect of the Trustee hereunder and (D4) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its option under Section 1403 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any coupons appertaining theretoof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Nationwide Health Properties Inc, Nationwide Health Properties Inc, Nationwide Health Properties Inc

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's Issuer’s obligations with respect to such Securities under Sections Section 304, Section 305, Section 306, Section 1002 and Section 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle 14. Subject to compliance with this Article Fourteen14, the Company Issuer may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 3 contracts

Samples: Indenture (Brookfield Canada Office Properties), Indenture (Brookfield Office Properties Canada), Indenture (Brookfield Canada Office Properties)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto (i) to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 3 contracts

Samples: Indenture (Cendant Corp), Cendant Corp, Cendant Corp

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Obligors shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee, including, with respect to the Guarantor, release from its Guarantees of the Securities of such series, on the date the conditions set forth in Section 1404 1504 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and Securities, any coupons appertaining theretothereto and any related Guarantee, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and Securities, any coupons appertaining thereto and any related Guarantee and this Indenture insofar as such Securities and Securities, any coupons appertaining thereto and any related Guarantee are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and Securities, any coupons appertaining thereto and any related Guarantee to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's Obligors’ obligations with respect to such Securities under Sections 305, 306, 1002 1102 and 1003 1103 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111112, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenFifteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Eighth Supplemental Indenture (Kimco Realty OP, LLC), Eighth Supplemental Indenture (Kimco Realty Corp), Kimco Realty OP, LLC

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasanceDEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company's obligation under Section 607 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 3 contracts

Samples: Indenture (Encana Corp), Encana Corp, Encana Corp

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(19); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 3 contracts

Samples: Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc), Americas Carmart Inc

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, a "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which Securities and coupons appertaining thereto shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b) (C18); (iii) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustee hereunder and (Div) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Advanced Energy Industries Inc), Indenture (Exact Sciences Corp), Superconductor Technologies Inc

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111009, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Indenture (Gables Realty Limited Partnership), Summit Properties Partnership L P, Gables Realty Limited Partnership

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 13.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 13.5 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s and the Trustee’s obligations with respect to such Securities under Sections 305Section 1.13, 306Section 1.14, 1002 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 1003 Section 9.3 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle 13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its the option under Section 1403 13.3 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 3 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and of, premium or Make-Whole Amount, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.l(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Ual Corp /De/, Ual Corp Capital Trust I, Ual Corp /De/

Defeasance and Discharge. Upon the CompanyPartnership's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Partnership shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyPartnership's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 3 contracts

Samples: Beacon Properties L P, Bradley Operating L P, Heritage Property Investment Trust Inc

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and -43- 52 any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Allied Waste Industries Inc, Allied Waste Industries Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable provided in Section 1301 to this Section with respect to any defease the Outstanding Securities of or within a seriesparticular series and any Coupons appertaining thereto, the Company Trust or the Corporation, as the case may be, shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any coupons Coupons appertaining thereto on the date the applicable conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasanceDEFEASANCE"). For this purpose, such defeasance means Defeasance shall mean that the Company Trust or the Corporation, as the case may be, shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons Coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, thereto and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the such Company, shall execute proper instruments acknowledging the same); provided, except for however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such series and any coupons Coupons appertaining thereto to receive, solely from the trust fund described provided for in Section 1404 and as more fully set forth in such Section1304, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on such Securities and any coupons Coupons appertaining thereto when such payments are due, (B) the such Company's obligations with respect to such Securities and any Coupons appertaining thereto under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenArticle, the Company Trust or the Corporation, as the case may be, may exercise its their option with respect to defeasance under this Section 1302 notwithstanding the prior exercise of its their option under Section 1403 with respect to covenant defeasance under Section 1303 in regard to the Securities of such Securities series and any coupons Coupons appertaining thereto.

Appears in 2 contracts

Samples: Starwood Lodging Corp, Starwood Lodging Trust

Defeasance and Discharge. Upon the Company's ’s exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Company, each of the Guarantors, if any, and any other obligor under the Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, and interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's ’s obligations with respect to such Defeased Securities under Sections 304, 305, 306, 307, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee’s rights under Section 606, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 2 contracts

Samples: Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any the Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7 and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall on an Issuer Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interestinterest and Additional Amounts, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the CompanyIssuer's obligations with respect to such Securities under Sections 3052.8, 3062.9, 1002 3.2 and 1003 3.3 and with respect to the payment of Additional Amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 2.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Article X. Subject to compliance with this Article FourteenX, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 10.5 with respect to such Securities and any coupons Coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Rediff Com India LTD), Indenture (Rediff Com India LTD)

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's and the Guarantor's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of a Default or an Event of Default.

Appears in 2 contracts

Samples: Indenture (Northwest Airlines Inc /Mn), Northwest Airlines Inc /Mn

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the B)the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Capstone Turbine Corp), Indenture (JDN Realty Corp)

Defeasance and Discharge. Upon The following provisions shall apply to the Company's exercise Securities of each series unless specifically otherwise provided in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 301. In addition to discharge of this Indenture pursuant to Sections 401 and 403, in the above option applicable to this Section case of any series of Securities with respect to any which an amount sufficient to pay and discharge the entire indebtedness on such Securities not theretofore delivered to the Trustee for cancellation, for principal (and premium, if any) and interest, as certified pursuant to subparagraph (a) of or within a seriesSection 404 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by on all the Securities of such Outstanding Securities series as provided in this Section on and any coupons appertaining theretoafter the date the conditions set forth in Section 404 are satisfied, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections provisions of this Indenture referred with respect to the Securities of such series shall no longer be in clauses effect (Aexcept as to (i) rights of registration of transfer and exchange of Securities of such series, (ii) substitution of mutilated, defaced, destroyed, lost or stolen Securities of such series, (iii) rights of holders of Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 404, payments of principal thereof and interest, if any, thereon upon the original stated due dates therefor (but not upon acceleration), and remaining rights of the holders of Securities of such series to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, (v) this Section 402 and (Bvi) belowthe rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them) (hereinafter called "Defeasance"), and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, Trustee at the cost and expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Georgia Pacific Corp, Georgia Pacific Corp

Defeasance and Discharge. Upon the Company's exercise under Section 401 hereof of the above option applicable to this Section with respect to any Securities of or within a series402, the Company Company, each of the Guarantors and any other Indenture Obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 hereof and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and this Indenture, including obligations to the Trustee, if any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon written request in compliance with Section 103, shall execute proper instruments reasonably acceptable to it in form and substance acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 404 hereof and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, or interest on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Defeased Securities under Sections 304, 305, 306308, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111018 hereof, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, the Trustee's rights under Sections 606, 1303 and 1305 hereof and the Company's obligations in connection therewith, and (Dd) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 Sections 403 hereof with respect to the Securities. Section 403. Covenant Defeasance. Upon the Company's exercise under Section 401 hereof of the option applicable to this Section 403, the Company and each Guarantor shall be released from its obligations under any covenant or provision contained or referred to in Sections 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016, 1020, 1021, 1022, 1025 and 1317 hereof with respect to the Defeased Securities on and after the date the conditions set forth below are satisfied (hereinafter, "covenant defeasance"), and the Defeased Securities shall thereafter be deemed to be not "Outstanding" for the purposes of any direction, waiver, consent or declaration or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed "Outstanding" for all other purposes hereunder. For this purpose, such covenant defeasance means that, with respect to the Defeased Securities, the Company and each Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such Section 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 and such omission to comply shall not constitute a Default or an Event of Default under Section 501(2) or (3) hereof but, except as specified above, the remainder of this Indenture and such Defeased Securities and any coupons appertaining theretoshall be unaffected thereby.

Appears in 2 contracts

Samples: Security Agreement (Pioneer Companies Inc), Security Agreement (Pioneer Companies Inc)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 3053.04, 3063.05, 1002 3.06, 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.5 and the other Sections of this Indenture referred to in clauses (A) and through (BD) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 10.1, 10.2 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.3, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.3 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), PVH Corp. /De/

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Federal Mogul Corp, Federal Mogul Corp

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (First Industrial Realty Trust Inc), Indenture (First Industrial Realty Trust Inc)

Defeasance and Discharge. Upon the Company's exercise of the ------------------------ above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means ---------- that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: McLeodusa Inc, McLeodusa Inc

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Defeasance and Discharge. Upon the Company's exercise of the ------------------------ above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this ---------- purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due, ; (Bii) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Security Capital U S Realty, Security Capital U S Realty

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesseries and subject to Sections 1505 and 1506, the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations and, to the extent applicable, the Guarantor's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining theretorelated coupons. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Indenture (Viacom Inc)

Defeasance and Discharge. Upon the Company's exercise by the Company of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 1304 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, respectively, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1305 and the other Sections provisions of this Indenture referred to in clauses (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any coupons appertaining thereto related coupons, respectively, and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s and the Trustee’s obligations with respect to such Securities under Sections 113, 114, 304, 305, 306, 1002 902 and 1003 903 (and with respect to the payment any applicable provisions of Additional Amounts, if any, on such Securities as contemplated by Section 1011Article Ten), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Thirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 1302 notwithstanding the prior exercise of its the option under Section 1403 1303 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (Field Trip Health Ltd.), Fortuna Silver Mines Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and through (BD) below, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Debt Securities under Sections 304, 305, 306, 1002 and 1003 and 1003, with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 10111015, and with respect to any rights to convert or exchange such Debt Securities into Common Shares, Preferred Shares or other securities or property, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder (including, without limitation, those in Section 606 hereof) and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Bre Properties Inc /Md/

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 1204 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1205 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1204 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111003, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 1203 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Teligent Inc, Teligent Inc

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above defeasance option specified in Section 10.3 applicable to this Section 10.4 with respect to any the Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7 and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section 10.4, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall on an Issuer Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interestinterest and Additional Amounts, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the Company's Issuer’s obligations with respect to such Securities under Sections 3052.8, 3062.9, 1002 3.2 and 1003 3.3 and with respect to the payment of Additional Amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 2.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Article X. Subject to compliance with this Article FourteenX, the Company Issuer may exercise its the option under this Section 10.4 notwithstanding the prior exercise of its the option under Section 1403 10.5 with respect to such Securities and any coupons Coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: AXIS Specialty Finance LLC, AXIS Specialty Finance LLC

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any the Securities of or within a series, the Company and the Guarantors shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons appertaining thereto when such payments are due, ; (Bii) the Company's and the Guarantors' obligations with respect to such Securities under Sections 3053.5, 3063.6, 1002 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Federal Mogul Corp), Federal Mogul U K Holdings Inc

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations and the provisions of Article Seventeen shall cease to be effective with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes purpose of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and through (B) belowD), inclusive, of this Section, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderherein: (A) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on and Additional Amounts, if any, with respect to such Securities and any coupons Coupons appertaining thereto when such payments are due, (B) the Company's and the Trustee's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and 1003, with respect to the payment payments of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, with respect to the rights, if any, of the holders of such Securities to require the Company to repay such Securities as contemplated by Section 1301 and with respect to the rights, if any, of Holders to convert or exchange such Securities into Common Stock or other securities, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons Coupons appertaining thereto.

Appears in 2 contracts

Samples: Covenants (Sola International Inc), Sola International Inc

Defeasance and Discharge. Upon the CompanyOperating Partnership's ------------------------ exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Operating Partnership and, if applicable, the Company shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Operating ----------- Partnership shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (Ai) and (Bii) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any, on) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are due; (ii) the Operating Partnership and, (B) if applicable, the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, 1010; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this Article. Subject to compliance with this Article Fourteen, the Company Operating Partnership may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Cabot Industrial Properties Lp, Cabot Industrial Trust

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities series of or within a seriesOutstanding Securities, the Company shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities of such series and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to below in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under with respect to such Securities series and any coupons appertaining thereto and this Indenture insofar as such Securities series and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities series and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on on, such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities series under Sections 3053.04, 3063.05, 1002 3.07, 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities series as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111008, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. In the event that the Company effects defeasance with respect to any series of Securities, the Guarantor shall be released from its Guarantee, if any, of the Securities of such series, except that the following obligations of the Guarantor under its Guarantee, if any, of such Securities shall survive such defeasance and remain in full force and effect: (1) the Guarantor’s Guarantee of the Company’s obligations with respect to the Securities of such series that survive such defeasance and (2) the Guarantor’s obligation, if any, to pay Additional Amounts in respect of any amounts payable under its Guarantee of such Securities.

Appears in 2 contracts

Samples: Indenture (PennyMac Mortgage Investment Trust), PennyMac Corp.

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 14.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.5 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 10.2 and 1003 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.8 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder including Section 6.6 and the penultimate paragraph of Section 14.5 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.2 notwithstanding the prior exercise of its option under Section 1403 14.3 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Hologic Inc, Hologic Inc

Defeasance and Discharge. Upon the Companycompany's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Debt Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Bre Properties Inc /Md/, Bre Properties Inc /Md/

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Allied Waste Industries Inc, Allied Waste Industries Inc

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Capital Lease (Capital Lease Funding Inc), Senior Indenture (Liberty Property Limited Partnership)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1011, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.Make-

Appears in 2 contracts

Samples: First Union Real Estate Equity & Mortgage Investments, First Union Real Estate Equity & Mortgage Investments

Defeasance and Discharge. Upon the Company's ’s exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities the Notes of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities Notes of such series and any coupons appertaining thereto the Note Guarantee related to such Notes on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, "hereinafter “defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities Notes and any coupons appertaining thereto, the Note Guarantee related to such Notes which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto Notes, such Note Guarantee and this Indenture insofar as such Securities Notes and any coupons appertaining thereto such Note Guarantee are concerned (and the Trustee, at the cost and expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Notes of such Outstanding Securities and any coupons appertaining thereto series to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, ; (Bii) the Company's ’s obligations with respect to such Securities Notes under Sections 305Section 3.4, 306Section 3.5, 1002 Section 3.6, Section 9.2 and 1003 Section 9.3 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011, shall be ancillary thereto; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities Notes and any coupons appertaining theretothe Note Guarantee related to such Notes. Following a defeasance, payment of such Notes may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Ual Corp /De/, Ual Corp /De/

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section 4.02 with respect to any Securities of or within a series, the Company and any other obligor upon the applicable series of Securities, if any, shall be deemed to have been discharged from its obligations with respect to such Outstanding the Defeased Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 4.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and any other obligor under the applicable series of Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any coupons appertaining theretothe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.05 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such series of Securities and any coupons appertaining thereto and this Indenture insofar as such series of Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Defeased Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 4.05 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, if any) and interestpremium, if any, on and interest on, such Securities and any coupons appertaining thereto series of Securities, when such payments are due, (Bb) the Company's ’s obligations with respect to such Defeased Securities under Sections 3053.03, 3063.04, 1002 3.05, 3.07, 10.02 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder with respect to the Defeased Securities, including, without limitation, the Trustee’s rights under Section 6.07 and the Company’s and, if any, the Guarantors’, obligations in connection therewith, and (Dd) this ArticleArticle IV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 4.02 notwithstanding the prior exercise of its option under Section 1403 4.03 with respect to such Securities and any coupons appertaining theretoa series of Securities.

Appears in 2 contracts

Samples: Indenture (Geo MCF Lp, LLC), Geo MCF Lp, LLC

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option specified in Section 10.3 applicable to this Section with respect to any the Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons Coupons appertaining thereto on and after the date the conditions set forth in Section 1404 10.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons Coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 10.7, clause (1) of this Section and the other Sections of this Indenture referred to in clauses clause (A2) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons Coupons appertaining thereto and this Indenture insofar as such Securities and any coupons Coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall on an Issuer Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Outstanding Securities and any coupons Coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 10.6(1) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any coupons Coupons appertaining thereto when such payments are due, ; (B2) the CompanyIssuer's obligations with respect to such Securities under Sections 3052.8, 3062.9, 1002 3.2 and 1003 3.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 2.3; (C3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D4) this Article. Article X. Subject to compliance with this Article FourteenX, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 10.5 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Scottish Annuity & Life Holdings LTD)

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's Issuer' s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, . if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Mack Cali Realty Corp, Mack Cali Realty L P

Defeasance and Discharge. Upon the Company's Issuer’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the request and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's Issuer’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, without limitation, Section 606, the next to the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Supplemental Indenture (American Medical Systems Europe B.V.), Supplemental Indenture (Boston Scientific Corp)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a seriesseries and subject to Sections 1505 and 1506, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations and, to the extent applicable, the Guarantor's obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining theretorelated coupons. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Viacom International Inc /De/), Viacom Inc

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Developers Diversified Realty Corp

Defeasance and Discharge. Upon the Company's exercise ------------------------ of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111010, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this ArticleArticle Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 1402 notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining theretorelated coupons.

Appears in 2 contracts

Samples: Indenture (United Technologies Corp /De/), United Technologies Corp /De/

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii)(B) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same)) and (ii) the Guarantors shall be released from all of their obligations under their Senior Guarantees and under Article 16 of this Indenture, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option agreement defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Senior Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section 1402 with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interestinterest and Additional Amounts, if any, on such Securities and any coupons appertaining thereto when such payments are duedue and any right of such Holder to exchange such Securities for other Securities, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012 (but only to the extent that the Additional Amounts payable with respect to such Securities exceed the amount deposited in respect of such Additional Amounts pursuant to Section 1404 below), (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Evans Withycombe Residential Lp), Indenture (Evans Withycombe Residential Lp)

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Debt Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Debt Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Debt Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Debt Securities and any coupons appertaining thereto and this Indenture insofar as such Debt Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Debt Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Debt Securities and any coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Debt Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Debt Securities as contemplated by Section 1011, 1005; (C) the rights, powers, truststrustees, duties and immunities of the Trustee hereunder hereunder; and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Debt Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Defeasance and Discharge. Upon On and after the Company's exercise of date on which the above option applicable to this conditions set forth in Section 4.6 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Outstanding Securities and any interest coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any interest coupons appertaining thereto, thereto which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 Sections 4.7 and 4.9 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any interest coupons appertaining thereto and this Indenture insofar as such Securities and any interest coupons appertaining thereto are concerned (and the Trustee, upon payment of all amounts due it under Section 6.7, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same)) and (ii) the Guarantors shall be released from all of their obligations under their Subordinated Guarantees and under Article 16 of this Indenture, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any interest coupons appertaining thereto to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and or any interest coupons appertaining thereto when such payments are due, ; (B) the Company's obligations with respect to such Securities under Sections 3053.4, 3063.5, 1002 3.6, 9.2 and 1003 9.3 and with respect to the payment of Additional Amountsadditional amounts, if any, on payable with respect to such Securities as contemplated by specified pursuant to Section 1011, 3.1(b)(16); (C) the Company's obligations with respect to a conversion or exchange of such Securities; (D) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (DE) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option defease the Securities of any series and any interest coupons appertaining thereto under this Section 4.4 notwithstanding the a prior exercise of its option agreement defeasance (as defined herein) under Section 1403 4.5 with respect to such Securities and any interest coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc

Defeasance and Discharge. Upon the Company's exercise ------------------------ of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111005, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Level 3 Communications Inc, Level 3 Communications Inc

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on and after the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and cash interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111004, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations with respect thereto and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto. Following a defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Medallion Financial Corp), Medallion Financial Corp

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections Section 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111012, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Centerpoint Properties Trust, Centerpoint Properties Corp

Defeasance and Discharge. Upon the CompanyIssuer's exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 15.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 15.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 15.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if anypremium) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the CompanyIssuer's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article FourteenFifteen, the Company Issuer may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 15.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (American Standard Companies Inc), Indenture (American Standard Companies Inc)

Defeasance and Discharge. Upon the Company's ’s exercise of the above option applicable to this Section with respect to any Securities of or within a seriesseries and subject to Sections 1505 and 1506, the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of such series and any related coupons appertaining thereto on and after the date the conditions precedent set forth in Section 1404 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities of such series and any coupons appertaining theretorelated coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 1505 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons appertaining thereto and this Indenture insofar as such Securities and any related coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities of such securities and any related coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 1504 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amount, if any) and interestpremium, if any, on) and interest on such Securities and any related coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations and, to the extent applicable, the Guarantor’s obligations with respect to such Securities under Sections 304, 305, 306, 1002 and 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10111007, and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (D) this ArticleArticle Fifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 1502 notwithstanding the prior exercise of its option under Section 1403 1503 with respect to such Securities and any coupons appertaining theretorelated coupons. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default. Money and securities held in trust pursuant to this Section 1502 shall not be subject to Article Sixteen.

Appears in 2 contracts

Samples: Reconciliation And (CBS Operations Inc.), CBS Operations Inc.

Defeasance and Discharge. Upon the Company's ’ s exercise of the above option applicable to this Section with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any coupons appertaining thereto on after the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining theretoSecurities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's ’s obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.04, (C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (D) this Article. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities. Following a defeasance, payment of such Securities and any coupons appertaining theretomay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (THL Credit, Inc.), Horizon Technology Finance Corp

Defeasance and Discharge. Upon the Company's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any coupons appertaining thereto, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 14.05 and the other Sections of this Indenture referred to in clauses (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, solely from the trust fund described in Section 1404 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, on such Securities and any coupons appertaining thereto when such payments are due, (Bb) the Company's obligations with respect to such Securities under Sections 3053.05, 3063.06, 1002 10.02 and 1003 10.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 101110.10, (Cc) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and (Dd) this ArticleArticle XIV. Subject to compliance with this Article Fourteen, XIV the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 1403 14.03 with respect to such Securities and any coupons appertaining thereto.

Appears in 2 contracts

Samples: Indenture (Franchise Finance Corp of America), Franchise Finance Corp of America

Defeasance and Discharge. Upon the Company's exercise of the above option specified in Section 4.3 applicable to this Section with respect to any Securities the Notes of or within a series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to such Outstanding Securities Notes of such series and any coupons appertaining thereto the Note Guarantees related to such Notes on and after the date the conditions set forth in Section 1404 4.6 are satisfied (hereinafter, hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities Notes and any coupons appertaining thereto, the Note Guarantees related to such Notes which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 4.7 and the other Sections of this Indenture referred to in clauses clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto Notes, such Note Guarantees and this Indenture insofar as such Securities Notes and any coupons appertaining thereto such Note Guarantees are concerned (and the Trustee, at the cost and expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Notes of such Outstanding Securities and any coupons appertaining thereto series to receive, solely from the trust fund funds described in Section 1404 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountof, premium, if any) , and interest, if any, on such Securities and any coupons appertaining thereto Notes when such payments are due, ; (Bii) the Company's obligations with respect to such Securities Notes under Sections 305Section 3.4, 306Section 3.5, 1002 Section 3.6, Section 9.2 and 1003 Section 9.3 and with respect to the payment of Additional Amounts, if any, on such Securities obligations as contemplated by Section 1011, shall be ancillary thereto; (Ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder; and (Div) this ArticleArticle 4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section notwithstanding the prior exercise of its option under Section 1403 4.5 with respect to such Securities Notes and any coupons appertaining theretothe Note Guarantee related to such Notes. Following a defeasance, payment of such Notes may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Mesa Air New York, Inc., Mesa Air New York, Inc.

Defeasance and Discharge. Upon the Company's exercise under Section 401 of the above option applicable to this Section with respect to any Securities of or within a series402, the Company shall be deemed to have been discharged from its obligations with respect to such all Outstanding Securities and any coupons appertaining thereto on the date the conditions set forth in Section 1404 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and any coupons appertaining theretoSecurities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1405 405 and the other Sections of this Indenture referred to in clauses (A) ), (B), and (BC) below, and to have satisfied all of its other obligations under such Securities and any coupons appertaining thereto and this Indenture insofar as such Securities and any coupons appertaining thereto are concerned (and the TrusteeTrustees, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any coupons appertaining thereto to receive, receive solely from the trust fund described in Section 1404 404 and as more fully set forth in such Section, payments in respect of the principal of (and premium or Make-Whole Amountpremium, if any) and interest, if any, interest on such Securities and any coupons appertaining thereto when such payments are due, (B) the Company's obligations with respect to such Securities under Sections 304, 305, 306308, 1002 and 1002, 1003 and 1016 (for purposes of applying Section 1016, if either Trustee (or any other qualifying trustee referred to in Section 404(a)) is required by law or by the interpretation or administration thereof to withhold or deduct any amount for or on account of Taxes (as defined in Section 1016) from any payment made from the trust fund described in Section 404 under or with respect to the Securities, such payment of Additional Amounts, if any, on such Securities as contemplated shall be deemed to have been made by Section 1011the Company and the Company shall be deemed to have been so required to withhold or deduct), (C) the rights, powers, trusts, duties and immunities of the Trustee Trustees hereunder and the Company's obligations in connection therewith, including the Company's obligations under Section 607 hereof and (D) this ArticleArticle Four. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 402 notwithstanding the prior exercise of its option under Section 1403 403 with respect to such Securities and any coupons appertaining theretothe Securities.

Appears in 2 contracts

Samples: Indenture (Intrawest Corp), Indenture (Intrawest Corp)

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