Common use of Legal Defeasance and Discharge Clause in Contracts

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 14 contracts

Samples: Indenture (Transdigm Inc), Third Supplemental Indenture (Lear Corp), Fourth Supplemental Indenture (Lear Corp)

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Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 14 contracts

Samples: Indenture (Omni Med B Inc), Indenture (Sygnet Wireless Inc), Indenture (Plastipak Holdings Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a), (b), (c) and (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 11 contracts

Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Intermedia Communications Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of of, and at the expense of of, the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on on, such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 11 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), TransDigm Group INC

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, each of the Company and the Subsidiary Guarantors, if any, shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from its obligations with respect to all outstanding Notes and related Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture as it relates to such Notes (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s and Subsidiary Guarantors’ obligations with respect to such the Notes under Article 2 and Section 4.02 hereofII, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Subsidiary Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.

Appears in 11 contracts

Samples: Iron Mountain Incorporated (Iron Mountain Inc), Iron Mountain Incorporated (Iron Mountain Inc), Indenture (Iron Mountain Inc)

Legal Defeasance and Discharge. Upon the Company’s Issuer's exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which shall survive until otherwise terminated or discharged hereunderhereunder or until the Notes have been paid in full: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.06 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s Issuer's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company Issuer may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and the Company’s or any Guarantors’ obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.

Appears in 8 contracts

Samples: Indenture (Smith & Wesson Holding Corp), Indenture (Opko Health, Inc.), Indenture (Opko Health, Inc.)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 7 contracts

Samples: Indenture (Americredit Corp), Indenture (B&g Foods Inc), Indenture (Rayovac Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.028.02 relating to one or more series of Securities, the Company shall, subject to upon the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding NotesSecurities of the applicable series, which shall thereafter be deemed to be “outstanding” "OUTSTANDING" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Notes the Securities of the applicable series and under the provisions of this Indenture applicable to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities of the applicable series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest interest, on such Notes Securities when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 7 contracts

Samples: Senior Indenture (Navigators Group Inc), Senior Indenture (Harleysville Group Inc), Harleysville Group Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Guarantee, on the date the conditions set forth in Section 8.4 below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, and each Guarantor shall be deemed to have paid and discharged its Guarantee (which in each case shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, of and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.4, 2.7, 2.8, 2.9, 2.13 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 6 contracts

Samples: Indenture (Wheeling Pittsburgh Steel Corp /De), Wheeling Pittsburgh Steel Corp /De, Wheeling Pittsburgh Steel Corp /De

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 7.02, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 7.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.04, 2.06, 2.07 and Section 4.02 3.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 6.07 hereof, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance7. Subject to compliance with this Article 87, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 hereof7.03 hereof with respect to the Securities.

Appears in 5 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 5 contracts

Samples: Indenture (Dominos Pizza Government Services Division Inc), Indenture (Fields MRS Original Cookies Inc), MRS Fields Holding Co Inc

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, premium and interest on such Notes Securities when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s or any Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.

Appears in 4 contracts

Samples: Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.), Indenture (TTM Technologies Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the amounts deposited in trust fund as described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 9.01 of the option applicable to this Section 8.029.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 9.05 and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 9.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, 9.04 and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 9.02, the Company’s obligations with respect to such Notes under Article 2 Three and Section 4.02 hereof5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceNine. Subject to compliance with this Article 8Nine, the Company may exercise its option under this Section 8.02 9.02 notwithstanding the prior exercise of its option under Section 8.03 hereof9.03. If the Company exercises its legal defeasance option pursuant to this Section 9.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 7.02 because of an Event of Default. Subject to compliance with this Article Nine, the Company may exercise its option (if any) to have this Section 9.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 9.03 applied to such Notes.

Appears in 4 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co), Supplemental Indenture (SM Energy Co)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a), (b) and (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, or interest and interest Additional Amounts on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc), Indenture (Quebecor Media Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Senior Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Senior Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Senior Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Senior Notes when such payments are due, (b) the Company’s 's obligations with respect to such Senior Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (Sterling Chemical Inc), Covad Communications Group Inc, Sterling Chemical Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereofhereof and under the Registration Rights Agreement with respect to the registration of Notes, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount ofprincipal, premium, if any, premium and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 4 contracts

Samples: Indenture (Neenah Foundry Co), Tia Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Notes, and each Guarantor shall be deemed to have discharged its obligations with respect to its Subsidiary Guarantee, on the date the conditions set forth in Section 8.04 below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, and each Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (which in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes or Subsidiary Guarantee and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 Sections 2.05, 2.06, 2.09, 2.12 and 4.02 hereof and the second paragraph of Section 4.02 4.19 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and any Guarantor’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Supplemental Indenture (CGG Marine B.V.), Indenture (CGG Marine B.V.), Supplemental Indenture (CGG Marine B.V.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 Sections 304, 305 and 306 of the Base Indenture and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Eleventh Supplemental Indenture (Central Garden & Pet Co), Central Garden & Pet Co, Central Garden & Pet Co

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.06, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Indenture (L 3 Communications Corp), Indenture (L 3 Communications Holdings Inc), Indenture (L-3 Communications SPD Technologies Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, interest, and premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's and the Subsidiary Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 4 contracts

Samples: Senior Indenture (Airgate PCS Inc /De/), Senior Indenture (Airgate PCS Inc /De/), Airgate PCS Inc /De/

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if anyprincipal, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 4 contracts

Samples: Indenture (Neenah Foundry Co), Indenture (Neenah Foundry Co), Indenture (Cast Alloys Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely payments in respect of the principal of, premium and interest on such Notes when such payments are due from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Forcenergy Inc, Forcenergy Inc, Forcenergy Inc

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Dollar Notes and/or Euro Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Dollar Notes and/or Euro Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Indenture (Polypore International, Inc.), Indenture (Polypore International, Inc.), Indenture (Daramic, LLC)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02902, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes the Outstanding Securities of any series on the date the conditions set forth below are satisfied with respect to such series (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesOutstanding Securities of such series, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 905 and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 902, and to have satisfied all its other obligations under the Securities of such Notes series and this Indenture as it relates to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Outstanding Securities of such series to receive solely from the trust fund described in Section 8.04 hereof904, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 305, 306 and Section 4.02 hereof502, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 808, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance9. Subject to compliance with this Article 89, the Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities of such series.

Appears in 3 contracts

Samples: Indenture (United Healthcare Corp), Indenture (Uhc Capital I), Benchmark Electronics Inc

Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Debentures on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesDebentures, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Debentures when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes Debentures under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Indenture (Anthony Crane Rental Holdings Lp), Anthony Crane Sales & Leasing Lp, Anthony Crane Holdings Capital Corp

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 3 contracts

Samples: Supplemental Indenture (Laredo Petroleum, Inc.), Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum Holdings, Inc.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, each of the Company and the Guarantors, if any, shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from its obligations with respect to all outstanding Notes and related Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture as it relates to such Notes (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s and Guarantors’ obligations with respect to such the Notes under Article 2 and Section 4.02 hereofII, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3.

Appears in 3 contracts

Samples: Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc), Senior Indenture (Iron Mountain Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.027.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof7.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 7.05 and the other Sections of this Supplemental Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Notes and this Supplemental Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of such outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, 7.04 and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Notes under Article 2 One and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and under the Company’s obligations in connection therewith Indenture and (d) the provisions of this Article 8 with respect to Legal DefeasanceSeven. Subject to compliance with this Article 8Seven, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 hereof7.03.

Appears in 3 contracts

Samples: Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Vital Energy, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Indenture (Pegasus Communications Corp), Pegasus Communications Corp, Pegasus Communications Corp /

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding NotesNotes of such series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes of such series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Delphi Automotive PLC, Delphi Trade Management, LLC, Delphi Trade Management, LLC

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.2 hereof of the option applicable to this Section 8.028.3, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.5 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied Securities of any series (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities of that series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.6 hereof and the other Sections of this Indenture referred to in clause (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities of such series to receive solely from the trust fund described in Section 8.04 8.5 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, on and interest on such Notes Securities when such payments are due, (b) the Company’s obligations with respect to such Notes Securities under Article 2 II and Section 4.02 4.4 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and any Agent hereunder and the Company’s obligations in connection therewith therewith, including, without limitation, Article VII and Section 8.6 and 8.8 hereunder, and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.3 notwithstanding the prior exercise of its option under Section 8.03 8.4 hereof.

Appears in 3 contracts

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

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, 8.02 and subject to the satisfaction of the conditions set forth in Section 8.04 hereof, the Company shall be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance”)") and the obligations of the Guarantors under the Subsidiary Guarantees, if any, then existing shall concurrently terminate. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article Articles 2 and 7 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: License Agreement (Finlay Fine Jewelry Corp), License Agreement (Finlay Enterprises Inc /De), License Agreement (Finlay Fine Jewelry Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 8.02 hereof of the option applicable to this Section 8.028.03, the Company and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.05 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.06 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 8.05 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder and the Company’s or any Guarantors’ obligations in connection therewith therewith, and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 8.04 hereof.

Appears in 3 contracts

Samples: Indenture (Marinemax Inc), Indenture (TTM Technologies Inc), Indenture (Roadrunner Transportation Systems, Inc.)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.02, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 7.07 hereof, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofhereof with respect to the Securities.

Appears in 3 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 3 contracts

Samples: Indenture (Continental Resources Inc), Continental Resources Inc, Continental Resources Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Company shallIssuers, subject to any Guarantor and any other obligor upon the satisfaction of the conditions set forth in Section 8.04 hereof, Securities shall be deemed to have been discharged from its their obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company Issuers, any Guarantor and any other obligor upon the securities shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such SectionSection 8.4, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.7, 2.10, 2.13, 2.14, 2.15 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.

Appears in 3 contracts

Samples: Indenture and Assumption Agreement (Centennial Cellular Corp), Centennial Communications Corp /De, Centennial Communications Corp /De

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and all obligations of the Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper such instruments as reasonably requested by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Additional Interest, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 3 contracts

Samples: Indenture (Boyd Gaming Corp), Indenture (Treasure Chest Casino LLC), Boyd Acquisition I, LLC

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumof premium or Special Interest, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s and the Guarantors’ obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 3 contracts

Samples: Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc), Indenture (Asbury Automotive Group Inc)

Legal Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject Issuer and the Guarantors shall be deemed to have been discharged from their obligations with respect to all Outstanding Notes (including the satisfaction of Guarantees and the Liens securing the Notes and the Guarantees) on the date the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Outstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, solely out of the trust described in Section 8.04, (b) the CompanyIssuer’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee and Agents hereunder and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofwith respect to the Notes.

Appears in 3 contracts

Samples: Intercreditor Agreement (Arconic Inc.), Intercreditor Agreement (Arconic Rolled Products Corp), Collateral Agreement (Arconic Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 402 hereof of the option applicable to this Section 8.02403, the Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 405 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes Outstanding Securities of a series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesOutstanding Securities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 406 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Outstanding Securities of any series to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest interest, if any, on such Notes Securities when such payments are duedue from the trust referred to in Section 405, (b) the Company’s obligations with respect to such Notes Securities under Article 2 Sections 304, 305, 306 and Section 4.02 hereof1002 of this Indenture, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceIV. Subject to compliance with this Article 8Sections 402 through 406 hereof, the Company may exercise its option under this Section 8.02 403 notwithstanding the prior exercise of its option under Section 8.03 404 hereof.

Appears in 3 contracts

Samples: Indenture (Iveda Solutions, Inc.), Esports Entertainment (Esports Entertainment Group, Inc.), Indenture (Creatd, Inc.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below100 of this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 8.03 hereofapplied to such Notes.

Appears in 2 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest interest, on such Notes Securities when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option provided in Section 13.01 applicable to this Section 8.02Section, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes the Outstanding Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"legal defeasance"). For this purpose, Legal Defeasance such legal defeasance means that the Company shall be deemed (i) to have paid and discharged its obligations under the entire Indebtedness represented by Outstanding Securities of such series; provided, however, that the outstanding Notes, which shall thereafter Securities of such series will continue to be deemed to be outstandingOutstandingonly for the purposes of Section 8.05 hereof 13.05 and the other Sections of this Indenture referred to in clauses (aA) and (bB) below, and (ii) to have satisfied all its other obligations under the Securities of such Notes series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions following, which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Notes the Securities of such series to receive receive, solely from the trust fund described in Section 8.04 hereof, 13.04 and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, of and any premium and interest on the Securities of such Notes series when such payments are due, (bB) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 3.04, 3.05, 3.06, 10.02 and Section 4.02 hereof10.03, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (dD) the provisions of this Article 8 with respect to Legal DefeasanceThirteen. Subject to compliance with this Article 8Thirteen, the Company may exercise its option under this Section 8.02 13.02 notwithstanding the prior exercise of its option under Section 8.03 hereof13.03.

Appears in 2 contracts

Samples: Abraxas Petroleum Corp, Abraxas Petroleum Corp

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations of the Company and each of the Subsidiary Guarantors in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Gallipolis Care LLC, Villa Pines Care LLC

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.027.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof7.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 7.05 and the other Sections of this Supplemental Indenture referred to in clauses (a) and (b) below, and to have satisfied all its of their other obligations under such Notes and this Supplemental Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of the Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, 7.04 and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to the preceding clause (a), the Company’s obligations with respect to such Notes under Article 2 One and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and under the Company’s obligations in connection therewith Indenture and (d) the provisions of this Article 8 with respect to Legal DefeasanceSeven. Subject to compliance with this Article 8Seven, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 hereof7.03.

Appears in 2 contracts

Samples: Supplemental Indenture (Laredo Petroleum, Inc.), Supplemental Indenture (Laredo Petroleum, Inc.)

Legal Defeasance and Discharge. Upon the Company’s Holdings' exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company Holdings shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Exchange Debentures on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Holdings shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesExchange Debentures, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Exchange Debentures and this Indenture (and the Trustee, on demand of and at the expense of the CompanyHoldings, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Exchange Debentures to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Exchange Debentures when such payments are due, (b) the Company’s Holdings' obligations with respect to such Notes Exchange Debentures under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Holdings' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company Holdings may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.this

Appears in 2 contracts

Samples: Indenture (Restaurant Co), Indenture (Perkins Finance Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities of any Series on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding NotesSecurities of such Series, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Notes Securities of such Series and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest interest, if any, on such Notes Securities when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Indenture (SFX Broadcasting Inc), SFX Broadcasting (SFX Broadcasting Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, Notes (which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, premium and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.3, 2.4, 2.7, 2.10 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Kti Inc, Kti Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest or premium on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under to apply this Section 8.02 8.2 notwithstanding the prior exercise of its option under to apply Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Indenture (Komag Inc /De/), Komag Inc /De/

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Prime Medical Services Inc /Tx/), Sun Medical Technologies Inc /Ca/

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and the Company shall be deemed to have satisfied all of its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations of the Company in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 with respect to the Securities.

Appears in 2 contracts

Samples: Indenture (HPSC Inc), HPSC Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option provided in Section 8.2 applicable to this Section 8.028.3, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding the Notes (other than those specified below or in Section 8.8), on the date the conditions set forth below in Section 8.5 are satisfied (hereinafter, “hereinafter "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof the sections of, and the other Sections of matters under, this Indenture referred to in clauses (aA) and (bB) below, below and to have satisfied all its other obligations under such the Notes and this Indenture insofar as the Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding the Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, 8.5(i) and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such the Notes when such payments are due, (bB) the Company’s 's obligations with respect to such the Notes under Article 2 Sections 2.3, 2.6, 2.7 and Section 4.02 hereof2.10, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith therewith, and (dD) the provisions of this Article 8 with respect to Legal Defeasanceand Article 11. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.3 notwithstanding the prior exercise of its option under Section 8.03 hereof8.4.

Appears in 2 contracts

Samples: Indenture (World Financial Properties L P), World Financial Properties L P

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (ai) and (bii) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on the written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, interest and interest Liquidated Damages, if any, on such Notes when such payments are duedue from the trust referred to in Section 8.04 hereof, (bii) the Company’s 's obligations with respect to such the Notes under Article 2 and Section 4.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 2 contracts

Samples: Indenture (Printpack Inc), Indenture (Printpack Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 2 contracts

Samples: Indenture (Delta Mills Inc), Delta Woodside Industries Inc /Sc/

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, and premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's and the Guarantors' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's and the Guarantors' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Supplemental Indenture (Bulls Eye Marketing Inc /Ca/), Silverleaf Resorts Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumpremium and Additional Amounts, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.06, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Eer Systems Inc), Indenture (Microdyne Corp)

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Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed (i) to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.07 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and (ii) to have satisfied all its their respective other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s obligations of the Company with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s respective obligations of the Company in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Ocean Energy Inc), Ocean Energy Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Nexstar Finance Holdings LLC), Nexstar Finance Holdings LLC

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 11.01 of the option applicable to this Section 8.0211.02 as to the outstanding Securities of all Series or any Series, the Company Company, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 hereof11.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities as to which the option provided in Section 11.01 is exercised, on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the such outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 11.05, Section 11.09 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof11.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest, if any, on such Notes Securities when such payments are due, (b) the Company’s 's obligations with respect to such Notes Securities under Article 2 Three and Section 4.02 hereof5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEleven. Subject to compliance with this Article 8Eleven, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 hereof11.03.

Appears in 2 contracts

Samples: Indenture (Wal Mart Stores Inc), Indenture (Wal Mart Stores Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumpremium and Additional Interest, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.06, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Liquidated Damages, if any, and interest Interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Riviera Black Hawk Inc), Pledge Agreement (Windsor Woodmont Black Hawk Resort Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Senior Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Senior Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (ai) and through (biv) below, and to have satisfied all its other obligations under such Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of such outstanding Senior Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section8.05, payments in respect of the principal amount of, premium, if any, and interest on such Senior Notes when such payments are due, (bii) the Company’s 's obligations with respect to such the Senior Notes under Article 2 Two and Section 4.02 hereof, (ciii) the rights, powers, truststrust, duties and immunities of the Trustee hereunder Trustee, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Delta Financial Corp), Pledge Agreement (Delta Financial Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Amcraft Building Products Co Inc, Amcraft Building Products Co Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 8.02, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.04, 2.06, 2.07 and Section 4.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 7.07 hereof, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereofhereof with respect to the Securities.

Appears in 2 contracts

Samples: Supplemental Indenture (Tenet Healthcare Corp), Supplemental Indenture (Tenet Healthcare Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 Two and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 8.03 hereofapplied to such Notes.

Appears in 2 contracts

Samples: Indenture (SM Energy Co), Indenture (SM Energy Co)

Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof 8.1 of the option applicable to this Section 8.028.2, the Company shall, subject to Issuers and the satisfaction of the conditions set forth in Section 8.04 hereof, Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal ---------------- Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof8.4, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest (and Liquidated Damages, if any) on such Notes Securities when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes Securities under Article 2 Sections 2.4, 2.6, 2.7, 2.10 and Section 4.02 hereof4.2, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company Issuers may exercise its their option under this Section 8.02 8.2 notwithstanding the prior exercise of its their option under Section 8.03 hereof8.3 with respect to the Securities.

Appears in 2 contracts

Samples: Indenture (Sun International North America Inc), Indenture (Sun International Hotels LTD)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a), (b), (c) and (bd) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section Sections 4.01 and 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Armstrong World Industries Inc, Armstrong World Industries Inc

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest, if any, on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Talecris Biotherapeutics Holdings Corp., Hanger Orthopedic Group Inc

Legal Defeasance and Discharge. Upon the Company’s Issuers' exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuers shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s Issuers' obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuers' obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company Issuers may exercise its their option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Anthony Crane Holdings Capital Corp, Anthony Crane Sales & Leasing Lp

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 1201 of the option applicable to this Section 8.021202, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, and any Guarantor shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Notes on the date the conditions set forth below in Section 1204 are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company and any such Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Outstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 1205 and the other Sections of this Indenture referred to in (aA) and (bB) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (aA) the rights of Holders of outstanding Outstanding Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, 1204 and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, (bB) the Company’s 's obligations with respect to such Notes under Article 2 Sections 304, 305, 310, 1002 and Section 4.02 hereof1003, (cC) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (dD) the provisions of this Article 8 with respect to Legal DefeasanceTwelve. Subject to compliance with this Article 8Twelve, the Company may exercise its option under this Section 8.02 1202 notwithstanding the prior exercise of its option under Section 8.03 hereof1203 with respect to the Notes.

Appears in 2 contracts

Samples: Indenture (Kindercare Learning Centers Inc /De), Indenture (KCLC Acquisition Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations Obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Pegasus Satellite Communications Inc), Pegasus Communications Corp /

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Key Energy Group Inc), Pillowtex Corp

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest, if any, on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Dominos Pizza Government Services Division Inc, Dominos Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, promptly on demand of and at the expense of the Company, shall execute proper instruments prepared by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount ofprincipal, premium, interest and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such outstanding Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Synthetic Industries Inc, Telehub Communications Corp

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 11.01 of the option applicable to this Section 8.0211.02 as to the outstanding Securities of all Series or any Series, the Company Company, as applicable, shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 hereof11.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities as to which the option provided in Section 11.01 is exercised, on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the such outstanding NotesSecurities, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 11.05, Section 11.09 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof11.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Additional Interest, if any, on such Notes Securities when such payments are due, (b) the Company’s obligations with respect to such Notes Securities under Article 2 Three and Section 4.02 hereof5.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEleven. Subject to compliance with this Article 8Eleven, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 hereof11.03.

Appears in 2 contracts

Samples: Wal Mart Stores Inc, Wal Mart Stores Inc

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 8.02 of the option applicable to this Section 8.028.03, the Company and any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.05, be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes Securities of any series on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and any Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities of a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.06 and the other Sections sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (a) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 hereof8.05, and as more fully set forth in such Sectionsection, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, ; (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereof, 4.02; (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder under this Indenture and the Company’s or any Guarantors’ obligations in connection therewith therewith; and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 8.03 notwithstanding the prior exercise of its option under Section 8.03 hereof8.04.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 13.1 of the option applicable to this Section 8.02Section, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof13.4, be deemed to have been discharged from its obligations with respect to all outstanding Notes then Outstanding on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes then Outstanding, which shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 hereof 13.5 and the other Sections of this Indenture referred to in (a) and (b) below, and the Company shall be deemed to have satisfied all its other obligations under such the Notes and this Indenture (and the 76 83 Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes then Outstanding to receive solely from the trust fund described in Section 8.04 hereof13.4, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes as and when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 Articles One, Two, Three and Four and Section 4.02 hereof9.3, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceArticle. Subject to compliance with this Article 8Article, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof13.3.

Appears in 2 contracts

Samples: Altiva Financial Corp, Altiva Financial Corp

Legal Defeasance and Discharge. Upon the Company’s Anvil's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company Anvil shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Senior Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Anvil shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Senior Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Senior Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyAnvil, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Senior Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Senior Notes when such payments are due, (b) the Company’s Anvil's obligations with respect to such Senior Notes under Article 2 and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Anvil's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company Anvil may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Indenture (Anvil Holdings Inc), Indenture (Cottontops Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 8.4 hereof, and as more fully set forth in such Section, payments in respect of the principal amount ofprincipal, premium, interest and Liquidated Damages, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 II and Section 4.02 4.2 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 8.3 hereof.

Appears in 2 contracts

Samples: Indenture (Mmi Products Inc), Tia Indenture (Mmi Products Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the above option applicable to this Section 8.021302, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Outstanding Notes on the date the conditions set forth below in Section 1304 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding such Outstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof 1305 and the other Sections of this Indenture referred to in clauses (ai) and through (biv) belowof this paragraph, and to have satisfied all of its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding such Outstanding Notes to receive receive, solely from the trust fund described in Section 8.04 hereof, 1304 and as more fully set forth in such Sectionthis Article Thirteen, payments in respect of the principal amount of, of (and premium, if any, ) and interest on such Notes when such payments are due, ; (bii) the Company’s obligations of the Company and the Trustee with respect to such Notes under Article 2 Sections 304, 305, 310, 1002 and Section 4.02 hereof, 1003; (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith hereunder; and (div) the provisions of this Article 8 with respect to Legal DefeasanceThirteen. Subject to compliance with this Article 8, the The Company may exercise its option under this Section 8.02 1302 notwithstanding the prior exercise of its option under Section 8.03 hereof1303 with respect to such Note.

Appears in 2 contracts

Samples: Indenture (Ellington Financial LLC), Indenture (New York Mortgage Trust Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”)) and each Guarantor shall be released from all of its obligations under its Guarantee. For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof8.04, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and or interest on such Notes when such payments are due, (b) the Company’s obligations with respect to such Notes under Article 2 and Section 4.02 hereofSections 4.01 and 4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof8.03.

Appears in 2 contracts

Samples: Indenture (Great Lakes Dredge & Dock CORP), Indenture (Great Lakes Dredge & Dock CORP)

Legal Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 8.01 hereof 1301 of the option applicable to this Section 8.021302, the Company shall, subject to the satisfaction each of the conditions set forth in Section 8.04 hereof, Issuer and the Guarantors shall be deemed to have been discharged from its respective obligations with respect to all outstanding Outstanding Notes on the date the conditions set forth below in Section 1304 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, such Legal Defeasance means that each of the Company Issuer and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Outstanding Notes, which shall thereafter be deemed to be “outstandingOutstanding” only for the purposes of Section 8.05 hereof 1305 and the other Sections of this Indenture referred to in (a1) and (b2) below, and to have satisfied all its other obligations under such Notes and this Indenture insofar as such Notes are concerned (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a1) the rights of Holders of outstanding Outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of (and premium, if any, on) and interest on such Notes when such payments are due, solely out of the trust described in Section 1304, (b2) the CompanyIssuer’s obligations with respect to such Notes under Article 2 Sections 304, 305, 306, 1002 and Section 4.02 hereof1003, (c3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, and the Company’s obligations of each of the Guarantors and the Issuer in connection therewith and (d4) the provisions of this Article 8 with respect to Legal DefeasanceThirteen. Subject to compliance with this Article 8Thirteen, the Company Issuer may exercise its option under this Section 8.02 1302 notwithstanding the prior exercise of its option under Section 8.03 hereof1303 with respect to the Notes.

Appears in 2 contracts

Samples: Advanced Drainage Systems, Inc., BWX Technologies, Inc.

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company shall, subject to and the satisfaction of the conditions set forth in Section 8.04 hereof, Guarantors shall be deemed to have been discharged from its their respective obligations with respect to all outstanding Notes and Guarantees on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes, which and this Indenture shall thereafter cease to be of further effect as to all outstanding Notes and Guarantees, except as to be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company and the Guarantors shall be deemed to have satisfied all its other of their respective obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest (and Liquidated Damages, if any) on such Notes when such payments are duedue from the trust described in Section 8.5, (b) the Company’s 's obligations with respect to such Notes under Article 2 Sections 2.3, 2.4, 2.6, 2.7, 2.10, 4.2, 8.5, 8.6 and Section 4.02 8.7 hereof, and (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasancetherewith. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 8.2 notwithstanding the prior exercise of its option under Section 8.03 hereof8.3 hereof with respect to the Notes.

Appears in 2 contracts

Samples: Radiologix Inc, Radiologix Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premiumof and interest and Additional Interest, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect 8. If the Company exercises under Section 8.01 hereof the option applicable to Legal Defeasancethis Section 8.02, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, payment of the Notes may not be accelerated because of an Event of Default. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Coventry Health Care Inc, Coventry Health Care Inc

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, Loan Fees and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 7.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 7.02, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 7.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.04, 2.06, 2.07, 2.10 and Section 4.02 3.02 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 6.07 hereof, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance7. Subject to compliance with this Article 87, the Company may exercise its option under this Section 8.02 7.02 notwithstanding the prior exercise of its option under Section 8.03 hereof7.03 hereof with respect to the Securities.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof 901 of the option applicable to this Section 8.02902, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes the Outstanding Securities of any series on the date the conditions set forth below are satisfied with respect to such series (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesOutstanding Securities of such series, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof 905 and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 902, and to have satisfied all its other obligations under the Securities of such Notes series and this Indenture as it relates to such series (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Outstanding Securities of such series to receive solely from the trust fund described in Section 8.04 hereof904, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 304, 305 and Section 4.02 hereof502, (c) the iii)the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 807, and the Company’s 's obligations in connection therewith and (div) the provisions of this Article 8 with respect to Legal Defeasance9. Subject to compliance with this Article 89, the Company may exercise its option under this Section 8.02 902 notwithstanding the prior exercise of its option under Section 8.03 hereof903 with respect to the Securities of such series.

Appears in 1 contract

Samples: Olympic Financial (Olympic Financial LTD)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Debentures on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, Debentures (which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, ) and to have satisfied all its other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, of and premium, if any, interest and interest Liquidated Damages on such Notes Debentures when such payments are due, (b) the Company’s 's obligations with respect to such Notes Debentures under Article 2 Sections 2.03, 2.04, 2.07, 2.10 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 1 contract

Samples: Greyhound Lines Inc

Legal Defeasance and Discharge. Upon the Company’s Issuer's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Issuer shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its their obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its their other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such SectionSection , payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Notes when such payments are due, (b) the Company’s Issuer's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s Issuer's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company Issuer may exercise its option under this Section 8.02 notwithstanding the prior exercise of its their option under Section 8.03 hereof.

Appears in 1 contract

Samples: Indenture (Shop Vac Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for ; provided that the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEight. Subject to compliance with this Article 8Eight, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 1 contract

Samples: Crown Castle International Corp

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 11.01 hereof of the option applicable to this Section 8.0211.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from its obligations with respect to all outstanding Notes Securities on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesSecurities, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 11.05 hereof and the other Sections of this Indenture referred to in clauses (ai) and (bii) belowof this Section 11.02, and to have satisfied all its other obligations under such Notes Securities and this Indenture (and the Trustee, on demand of and at the expense of the Company, Company shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (ai) the rights of Holders of outstanding Notes Securities to receive solely from the trust fund described in Section 8.04 11.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes Securities when such payments are due, (bii) the Company’s 's obligations with respect to such Notes Securities under Article 2 Sections 2.05, 2.06, 2.07(a), 2.08, 2.09, 2.11, and Section 4.02 11.05 hereof, (ciii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, the Trustee's rights under Section 5.07 hereof, and the Company’s 's obligations in connection therewith and (d) the provisions of with this Article 8 with respect to Legal Defeasance11. Subject to compliance with this Article 811, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 hereof11.03 hereof with respect to the Securities.

Appears in 1 contract

Samples: Indenture (Home Depot Inc)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 11.01 hereof of the option applicable to this Section 8.0211.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 11.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 11.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and the Company and the Subsidiary Guarantors shall be deemed to have satisfied all its their other obligations under such the Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Outstanding Notes to receive solely from the trust fund described in Section 8.04 11.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's and Subsidiary Guarantors' obligations with respect to such Notes under Article 2 Articles One, Two and Three and Section 4.02 5.03 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceEleven. Subject to compliance with this Article 8Eleven, the Company may exercise its option under this Section 8.02 11.02 notwithstanding the prior exercise of its option under Section 8.03 11.03 hereof.

Appears in 1 contract

Samples: Indenture (Aames Financial Corp/De)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes Debentures on the date the conditions set forth below are satisfied (hereinafter, "Legal ----- Defeasance"). For this purpose, Legal Defeasance means that the Company shall ---------- be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesDebentures, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes Debentures and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for ; provided that the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes Debentures to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest and Liquidated Damages on such Notes Debentures when such payments are due, (b) the Company’s 's obligations with respect to such Notes Debentures under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance8. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 1 contract

Samples: Crown Castle International Corp

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from its obligations with respect to this Indenture and all outstanding Notes and all obligations of the Subsidiary Guarantors shall be deemed to have been discharged with respect to their obligations under this Indenture and the Guarantees on the date the conditions set forth below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding NotesNotes and Guarantees, respectively, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in clauses (a) and (b) belowof this Section 8.02, and to have satisfied shall be deemed discharged from the payment and performance of all its other obligations under such this Indenture, the Notes and this Indenture the Guarantees (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described Funds in Trust (as defined in Section 8.04 hereof, and as more fully set forth in such Section, ) payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) subject to clause (a) of this Section 8.02, the Company’s obligations with respect to such Notes under Article 2 II and Section 4.02 hereof4.02, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal DefeasanceVIII. Subject to compliance with this Article 8VIII, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03. If the Company exercises its legal defeasance option pursuant to this Section 8.02, the Subsidiary Guarantees will terminate with respect to the Notes, and payment of the Notes may not be accelerated pursuant to Section 6.02 because of an Event of Default with respect to the Notes. Subject to compliance with this Article VIII, the Company may exercise its option (if any) to have this Section 8.02 applied to any Notes notwithstanding the prior exercise of its option (if any) to have Section 8.03 hereof.applied to such Notes. 100

Appears in 1 contract

Samples: Indenture (Ultra Petroleum Corp)

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from its obligations with respect to all outstanding Notes on the date the conditions set forth below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes, which shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Notes and this Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (a) the rights of Holders of outstanding Notes to receive solely from the trust fund described in Section 8.04 hereof, and as more fully set forth in such Section, payments in respect of the principal amount of, premium, if any, and interest on such Notes when such payments are due, (b) the Company’s 's obligations with respect to such Notes under Article 2 and Section 4.02 hereof, (c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Company’s 's obligations in connection therewith and (d) the provisions of this Article 8 with respect to Legal Defeasance. Subject to compliance with this Article 8, the Company may exercise its option under this Section 8.02 notwithstanding the prior exercise of its option under Section 8.03 hereof.

Appears in 1 contract

Samples: Supplemental Indenture (Spheris Leasing LLC)

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