Common use of Discharge of Liability on Securities Clause in Contracts

Discharge of Liability on Securities. When (i) the Company ------------------------------------ delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.07) for cancellation or (ii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase Price, the Change in Control Purchase Price or the Redemption Price, as the case may be, of all outstanding Securities (other than Securities replaced pursuant to Section 2.07), and if, in either case, the Company has paid all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.06, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel and at the cost and expense of the Company.

Appears in 2 contracts

Samples: Merrill Lynch Preferred Funding Vi L P, Merrill Lynch Preferred Capital Trust V

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Discharge of Liability on Securities. When (i) the Company ------------------------------------ delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.07) for cancellation or cancellation, (ii) all outstanding Securities have become due and payable and the Company or Holdings, as applicable, irrevocably deposits with the Trustee Trustee, the Paying Agent (if the Paying Agent is not the Company or any of its Affiliates) cash or, if expressly permitted by the terms hereofof the Securities, securities the Exchange Agreement or the Indenture, Common Stock (as defined in the Exchange Agreement) sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase Price, the Change in Control Purchase Price or the Redemption Price, as the case may be, of all amounts due and owing on all outstanding Securities (other than Securities replaced pursuant to Section 2.07), or (iii) all outstanding Securities have been exchanged and ifdelivered to Holdings and Holdings irrevocably deposits with the Exchange Agent, Common Stock (as defined in the Exchange Agreement) pursuant to the terms of the Exchange Agreement, sufficient to pay all amounts due and owing on all outstanding Securities (other than Securities replaced pursuant to Section 2.07) and if in either case, case the Company has paid pays all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08)Company, then this Indenture and the Exchange Agreement shall, subject to Section 7.067.07, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Officer's Certificate and Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Samples: America West Holdings Corp

Discharge of Liability on Securities. When (i) the Company ------------------------------------ delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.07) for cancellation or (ii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, the Contingent Principal Amount, the Purchase PricePrice or contingent interest (if any shall be due and unpaid), the Change in Control Purchase Price or the Redemption Price, as the case may be, of all outstanding Securities (other than Securities replaced pursuant to Section 2.07), and if, in either case, the Company has paid all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.06, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Samples: Indenture (Merrill Lynch & Co Inc)

Discharge of Liability on Securities. When (i) the Company ------------------------------------ delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.072.12) for cancellation or (ii) all outstanding Securities have become due and payable at their Stated Maturity or all outstanding Securities have been redeemed and the Company deposits has deposited with the Trustee cash or, if expressly permitted by in the terms hereofevent of conversions pursuant to Article 12 (subject to the provisions of Section 12.12), securities Common Stock and/or cash sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase Price, the Change in Control Purchase Price or the Redemption Price, as the case may be, of all amounts and deliver all Common Stock due and owing on all outstanding Securities (other than Securities replaced pursuant to Section 2.07)2.12) on the date of their Stated Maturity, the Redemption Date or the Conversion Date, as the case may be, and if, if in either case, case the Company has paid pays all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08)Company, then this Indenture shall, subject to Section 7.065.8, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' ’ Certificate of the Company and Opinion of Counsel of the Company and at the cost and expense of the Company.

Appears in 1 contract

Samples: Indenture (Apogent Technologies Inc)

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Discharge of Liability on Securities. When (i) the Company ------------------------------------ delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.07) for cancellation or (ii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, Maturity the Principal Amount, the Purchase Price, the Change in Control Purchase Price or the Redemption Price, as the case may be, Amount of all outstanding Securities (other than Securities replaced pursuant to Section 2.07), and if, if in either case, case the Company has paid pays all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.06, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Officer's Certificate and Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Samples: Indenture (Hewlett Packard Co)

Discharge of Liability on Securities. When (i) the Company ------------------------------------ ------------------------------------- delivers to the Trustee all outstanding Securities (other than Securities replaced pursuant to Section 2.07) for cancellation or (ii) all outstanding Securities have become due and payable and the Company deposits with the Trustee cash or, if expressly permitted by the terms hereof, securities sufficient to pay at the Stated Maturity, the Purchase Date, the Change in Control Purchase or the Redemption Date, the Principal Amount, the Purchase PricePrice or contingent interest (if any shall be due and unpaid), the Change in Control Purchase Price or the Redemption Price, as the case may be, of all outstanding Securities (other than Securities replaced pursuant to Section 2.07), and if, in either case, the Company has paid all other sums payable hereunder by the Company (including, without limitation, sums payable by delivery of shares of Common Stock pursuant to Section 3.08), then this Indenture shall, subject to Section 7.06, cease to be of further effect. The Trustee shall join in the execution of a document prepared by the Company acknowledging satisfaction and discharge of this Indenture on demand of the Company accompanied by an Officers' Certificate and Opinion of Counsel and at the cost and expense of the Company.

Appears in 1 contract

Samples: _______________________ Indenture (Merrill Lynch & Co Inc)

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