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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 7 contracts

Samples: Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

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Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 13.1 hereof of the option applicable to this Section 8.0213.2, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 13.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) Securities on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Subsidiary Guarantees)Securities, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 13.5 hereof and the other Sections sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Securities and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: Indenture (Globalstar, Inc.), Indenture (Globalstar, Inc.), Indenture (Pacific Ethanol, 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes Securities (including the Subsidiary Guaranteesrelated guarantees, if any) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Securities (including the Subsidiary Guaranteesrelated guarantees, if any), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such NotesSecurities, the Subsidiary Guarantees such guarantees, if any, and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: Indenture (SMART Global Holdings, Inc.), Equinix Inc, Equinix 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 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 their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “the "outstanding" only for the purposes of Section 8.05 8.5 hereof and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: Indenture (Anchor Glass Container Corp /New), Dole Food Company Inc, Dole Food Company 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 and each of 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 their obligations with respect to all outstanding Notes (including the and Subsidiary Guarantees) Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to including that of the extent applicable, the Base Indenture Subsidiary Guarantors (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), and to have cured all then-existing Events of Default, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: Supplemental Indenture (Maxar Technologies Inc.), Indenture (Maxar Technologies Inc.), Indenture (Viasat 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: First Supplemental Indenture (Jarden Corp), Indenture (Icon Health & Fitness Inc), Indenture (Block 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 and each of the Guarantors shall, subject to the satisfaction of the applicable conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) such Outstanding Securities on the date all of the conditions set forth in Section 8.04 hereof 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 indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Outstanding Securities of such series, which will shall thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1i) and (2ii) belowof this Section 8.02, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Securities and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 6 contracts

Samples: Indenture (A.W. Realty Company, LLC), Indenture (Southwestern Energy Co), Indenture (Southwestern 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will 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

Appears in 5 contracts

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

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of this Indenture of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereofof this Indenture, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Subsidiary Guarantees) and Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 5 contracts

Samples: Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.), Senior Notes Indenture (AdaptHealth Corp.)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Debt represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 5 contracts

Samples: Senior Notes Indenture (Kosmos Energy Ltd.), Senior Notes Indenture (Kosmos Energy Ltd.), Senior Secured Notes Indenture (Kosmos Energy Ltd.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.02SECTION 8.2, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof SECTION 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 SECTION 8.5 hereof and the other Sections SECTIONS of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees Note Guarantees, this Indenture and this Supplemental Indenture and, to the extent applicable, the Base Indenture Collateral Documents (and the Trustee, on written demand of and at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 5 contracts

Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (Broader Media Holdings, LLC)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 13.1 hereof of the option applicable to this Section 8.0213.2, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 13.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes Outstanding Securities of such series (including the Subsidiary GuaranteesSecurities Guarantee) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes Outstanding Securities of such series (including the Subsidiary GuaranteesSecurities Guarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 13.5 hereof and the other Sections sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such NotesSecurities, the Subsidiary Guarantees Securities Guarantee and this Supplemental Indenture and, to the extent applicable, the Base 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 provisions, which will survive until otherwise terminated or discharged hereunder:

Appears in 5 contracts

Samples: Sun Communities Operating Limited Partnership, Sun Communities Inc, Newpark Resources 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) of such Series on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)of such Series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 5 contracts

Samples: Indenture (Cineverse Corp.), Indenture (Nerdwallet, Inc.), Indenture (Nerdwallet, 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof9.04, be deemed to have been discharged from their respective obligations under the Indenture Documents with respect to all outstanding Notes (including the Subsidiary Guarantees) on and after the date all the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 9.05 and the other Sections of the this Indenture referred to in clauses subsections (1a) and (2b) of this Section 9.02 below, and the Company and the Guarantors to have satisfied all their other obligations under such Notes, Notes and the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Documents (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Guarantees on the date the conditions set forth below in this Section 8.04 hereof 8.02 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) belowof this Section 8.02, to have cured all then-existing Defaults and Events of Default and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to including the extent applicable, obligations of the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Healthequity, Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial 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, the Company and each of the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors Guarantors, if any, shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)and any Guarantees thereon, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, this Indenture and the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Security Documents (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (MxEnergy 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary and Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Group Inc), Indenture (Cogent Communications Group 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections hereof, to have cured all then existing Events of the Indenture referred to in clauses (1) and (2) below, Default and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Stericycle Inc), Indenture (Carters Inc), Indenture (Carters 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Agreement (National Coal Corp), Hexcel Corp /De/, H&e Finance 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors discharged with respect to their Note Guarantees on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications Inc), Indenture (Maxcom Telecommunications 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) of such Series on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)of such Series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (TimkenSteel Corp), Indenture (Bally's Corp), Great Elm Group, 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, the Company shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the and each Subsidiary Guarantees) 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 hereof 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 Notes Notes, and each Subsidiary Guarantor shall be deemed to have paid and discharged its Subsidiary Guarantee (including the Subsidiary Guarantees), which will in each case shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, ) and to have satisfied all their its other obligations under the Notes or such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Indenture (Comstock Resources Inc), Indenture (Comstock Resources Inc), Restricted Notes (Comstock Resources 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 and each of 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 their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture hereof referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 4 contracts

Samples: Supplemental Indenture (Vistra Energy Corp.), Indenture (Vistra Energy Corp.), Supplemental Indenture (Vistra Energy Corp.)

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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged all the entire Indebtedness represented by obligations relating to the outstanding Notes (including and the Subsidiary Guarantees), which will Notes shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.6, Section 8.8 and the other Sections of the this Indenture referred to below in clauses (1) and (2) belowthis Section 8.2, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture and cured all then existing Events of Default (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Dollar Indenture (MDCP Acquisitions I), Dollar Indenture (MDCP Acquisitions I), MDCP Acquisitions I

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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes Securities of any Series (including the Subsidiary corresponding Security Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes Securities of such Series (including the Subsidiary corresponding Security Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Noteswith respect to that Series of Securities, the Subsidiary corresponding Security Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall will execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.), Indenture (Metropcs 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) ), this Indenture and the Collateral Documents on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees Guarantees, this Indenture and this Supplemental Indenture and, to the extent applicable, the Base Indenture Collateral Documents (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 will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Intercreditor Agreement (Cleveland-Cliffs Inc.), Cliffs Natural Resources 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Guarantors shall be deemed to have been discharged with respect to their obligations under the Subsidiary Guarantees) Guarantees on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”"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 Notes (including the and Subsidiary Guarantees), respectively, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Aaipharma Inc, Klingel Carpenter Mortuary Inc, Wdra Food Service 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections hereof, to have cured all then existing Events of the Indenture referred to in clauses (1) and (2) below, Default and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, including that of the Guarantors with each Guarantor released from all of its obligations with respect to the extent applicable, the Base Indenture its Guarantee (and the Trustee, on demand of and at the expense of the Company, shall execute proper such instruments requested by the Company acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (Crescent Energy Co), Indenture (Vine Energy Inc.), Indenture (Crescent 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes of a Series (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes of such Series (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such NotesNotes of such Series, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.), Supplemental Indenture (NRG Energy, Inc.)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Subsidiary Guarantees) and Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Debt represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors under their Guarantees (and the Trustee, on demand of and at the expense request of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Corp), Indenture (Calpine Corp)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (Ero Copper Corp.), Indenture (New Gold Inc. /FI), Indenture (New Gold Inc. /FI)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Debt represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (25) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Senior Notes Indenture (Schweitzer Mauduit International Inc), Senior Secured Notes Indenture (CIMPRESS PLC), Pledge and Security Agreement (CIMPRESS PLC)

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 each of the Guarantors shallGuarantors, if any, will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall Guarantors, if any, will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 3 contracts

Samples: Indenture (Adient PLC), Adient PLC, Adient PLC

Legal Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.01 13.01 hereof of the option applicable to this Section 8.0213.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 13.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Subsidiary Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the and Subsidiary Guarantees), respectively, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 13.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (O Charleys Inc), Indenture (Armor 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of each of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to its obligations under its Note Guarantee on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors each Guarantor shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including and the Subsidiary Guarantees)relevant Note Guarantee, respectively which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees this Indenture and this Supplemental Indenture and, to the extent applicable, the Base Indenture such Note Guarantee (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Hexacomb CORP), Indenture (Hexacomb CORP)

Legal Defeasance and Discharge. (a) Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company 8.02 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, the Subsidiary Guarantees shall be released and the Company and each of the Guarantors shall be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Covanta Energy Corp), Indenture (Covanta Energy 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and this Indenture on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof 10.01 of the option applicable to defease the outstanding Securities of a particular series under this Section 8.0210.02, the Company and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof10.04, be deemed to have been discharged from their respective obligations with respect to all such outstanding Notes (including the Subsidiary Guarantees) Securities on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors or a Subsidiary Guarantor shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including Securities and the Subsidiary related Guarantees), if any, of such series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 10.05 and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their respective other obligations under such Notes, the Subsidiary Guarantees Securities and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments provided to it acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Western Digital Technologies Inc, Graftech International LTD

Legal Defeasance and Discharge. Upon the Company’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 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 their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be the “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Covenants (Dole Food Co Inc), Dole Food Co Inc

Legal Defeasance and Discharge. Upon Unless this Section 14.3 is otherwise indicated to be inapplicable to the Debt Securities of a particular series by a Board Resolution, a supplemental indenture or an Officer’s Certificate, upon the Company’s exercise under Section 8.01 14.2 hereof of the option applicable to this Section 8.0214.3, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 14.5 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) Debt Securities of such series on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Debt Securities of such series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 14.6 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Debt Securities of such series and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Nicolet Bankshares Inc), Indenture (Heritage Financial Group 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Corrections Corp of America, Neighborcare 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 Issuer and each of the Guarantors shallGuarantor(s) will, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary GuaranteesGuarantee) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company Issuer and the Guarantors shall Guarantor(s) will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary GuaranteesGuarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1Sections 8.02(a) and (2) below8.02(b), and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Guarantee and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute such proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Allwyn Entertainment AG), Allwyn Entertainment Financing (Allwyn Entertainment AG)

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 each of the Subsidiary Guarantors of such Securities, if any, shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes a Series of Securities (including the Subsidiary Guarantees, if any) on the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the any Subsidiary Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes such Series of Securities (including the any Subsidiary GuaranteesGuarantees with respect to such Series of Securities), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture hereof referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture applicable Note Documents (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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Vistra Corp.), Vistra Energy 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”)"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 and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Prestige Brands Holdings, Inc., Prestige Brands International, 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 and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including Notes, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees) , on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including Notes, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, on the 91st day after the deposit specified in clause (1) of Section 8.04 hereof, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Intercreditor Agreement, www.theconstellation.com

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 and each of the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors Guarantors, if any, shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)and any Guarantees thereon, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, this Indenture and the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Security Documents (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Dan River Inc /Ga/), Indenture (Mobile Mini 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged released from their obligations with respect to all outstanding Notes (including the Subsidiary related Note Guarantees) ), and have Liens, if any, on the Collateral securing the Notes released, on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same, such instruments to be prepared and delivered to the Trustee by the Company), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 7.01 hereof of the option applicable to this Section 8.027.02, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 7.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Outstanding Notes, which will thereafter be deemed to be “outstanding” Outstanding only for the purposes of Section 8.05 hereof 12.06 of the Base Indenture and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand written request 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Supplemental Indenture (Huntsman International LLC), Indenture (Huntsman International 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Forbearance Agreement (Lbi Media Holdings Inc), Supplemental Indenture (Lbi Media 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, 8.02 the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) ), this Indenture and the Collateral Documents on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees Guarantees, this Indenture and this Supplemental Indenture and, to the extent applicable, the Base Indenture Collateral Documents (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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Cliffs Natural Resources Inc., Cliffs Natural Resources Inc.

Legal Defeasance and Discharge. Upon the CompanyPartnership’s exercise under Section 8.01 13.1 hereof of the option applicable to this Section 8.0213.2, the Company Partnership and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 13.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes Outstanding Securities of such series (including the Subsidiary GuaranteesSecurities Guarantee) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company Partnership and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes Outstanding Securities of such series (including the Subsidiary GuaranteesSecurities Guarantee), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 13.5 hereof and the other Sections sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such NotesSecurities, the Subsidiary Guarantees Securities Guarantee and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following provisions provisions, which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Sanchez Production Partners LP, Sanchez Production Partners LP

Legal Defeasance and Discharge. Upon the Company’s Issuers’ exercise under Section 8.01 8.1 hereof of the option applicable to this Section 8.028.2, the Company Issuers and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees and the Liens securing the Notes and the Note Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company Issuers and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees and the Liens securing the Notes and the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Note Documents (and the Trustee, on written demand of and at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen 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 and each of 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 their obligations with respect to all outstanding the Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the Indenture hereof referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture applicable Note Documents (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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Vistra Corp., Vistra Corp.

Legal Defeasance and Discharge. (a) Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Hudbay Minerals Inc.), Indenture (Hudbay Minerals 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company Issuers and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Supplemental Indenture (IASIS Healthcare LLC), Supplemental Indenture (Kraton Polymers 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 and each of 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 their obligations with respect to the Security Documents, the Intercreditor Agreement and all outstanding Notes (including the and Subsidiary Guarantees) Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, this Indenture including that of the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Guarantors (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), the Security Documents and the Intercreditor Agreement, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Passu Intercreditor Agreement (Oppenheimer Holdings Inc), Indenture (Oppenheimer 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) Securities of that Series on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Securities, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Securities and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (CFM v R Tesco Inc), Lucent 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 and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Supplemental Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)

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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, the Company and each of the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors Guarantors, if any, shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)and any Guarantees thereon, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof 8.5 and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Propex International Holdings II 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.4, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary and Guarantees) , respectively, on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary and Guarantees), respectively, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Notes and this Indenture and under such Guarantees and this Supplemental Indenture andIndenture, to the extent applicablerespectively, the Base 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 will that shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Davis-Standard CORP), Indenture (Davis-Standard 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Reliant Energy Solutions LLC), Indenture (Reliant Energy Solutions LLC)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 SECTION 8.1 hereof of the option applicable to this Section 8.02SECTION 8.2, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 SECTION 8.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof SECTION 8.4 are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 SECTION 8.5 hereof and the other Sections SECTIONS of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same)) and to have cured all then existing Events of Default, except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Broader Media, LLC), Indenture (iHeartMedia, Inc.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 9.01 hereof of the option applicable to this Section 8.029.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 9.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 9.05 hereof and the other Sections of the Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Third Supplemental Indenture (Bristow Group Inc), Indenture (Bristow Group 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees), which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Ipc Acquisition Corp), Master Lease Agreement (Riviera Holdings Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under pursuant to Section 8.01 hereof 10.01 of the its option applicable to have this Section 8.0210.02 applied to the Securities, the Company and each of the Guarantors Subsidiary Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof10.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes Securities (including the Subsidiary GuaranteesGuaranteed Obligations) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall each Subsidiary Guarantor will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes Securities (including the Subsidiary GuaranteesGuaranteed Obligations), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 10.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations Obligations under such NotesSecurities, the Subsidiary Guarantees Guaranteed Obligations and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Eclipse Resources Corp), Indenture (Eclipse Resources Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 22.1 hereof of the option applicable to this Section 8.0222.2, the Company and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 22.4 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary GuaranteesGuaranties) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary GuaranteesGuaranties), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 22.5 hereof and the other Sections of the Indenture this Agreement referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Guaranties and this Supplemental Indenture and, to the extent applicable, the Base Indenture Agreement (and the Trusteeholders, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Hecla Mining Company (Hecla Mining Co/De/), Note Purchase Agreement (Hecla Mining Co/De/)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 13.01 hereof of the option applicable to this Section 8.0213.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 13.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Subsidiary Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the and Subsidiary Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 13.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Esterline Technologies Corp, Esterline Technologies 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 each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including Securities, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees) , on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including Securities, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, on the 91st day after the deposit specified in clause (1) of Section 8.04 hereof, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Securities and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Arazi S.a r.l.), Indenture (Arazi S.a r.l.)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Note Guarantees), which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their of its other obligations under such Notes, Notes (including the Subsidiary Guarantees Note Guarantees) and this Supplemental Indenture andIndenture, to the extent applicable, the Base Indenture (and the TrusteeTrustees, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Iamgold Corp), Indenture (Iamgold 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 and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” "Outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Guarantees, if any, and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Medco Health Solutions Inc, Medco Health Solutions 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary and Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Brigham Exploration Co), Indenture (Brigham Exploration 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations its Obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall will execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Beverly Enterprises Inc), Indenture (Interactive Voice Media (Sacramento) 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 each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including Notes, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees) , on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including Notes, and all of the Subsidiary Guarantors will be released from their obligations under the Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) belowof this Section 8.02, on the 91st day after the deposit specified in clause (1) of Section 8.04 hereof, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (QGOG Constellation S.A.), Indenture (Arazi S.a r.l.)

Legal Defeasance and Discharge. (a) Upon the CompanyPartnership’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company Partnership and each of the Subsidiary Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to the Indenture, all outstanding Notes (including the Subsidiary Guarantees) of each series and Note Guarantees on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors Partnership shall be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Subsidiary Guarantees)of such series, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such NotesNotes and this Indenture, including that of the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Guarantors (and the Trustee, on demand of and at the expense of the CompanyPartnership, shall execute proper instruments acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Senior Notes Indenture (Equitrans Midstream Corp), Senior Notes Indenture (Equitrans Midstream 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Indenture (Neomarkers Inc), Indenture (Hughes Supply Inc)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to this Indenture, all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture andIndenture, to including that of the extent applicable, the Base Indenture Guarantors (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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 2 contracts

Samples: Senior Notes Indenture (WeWork Inc.), Senior Notes Indenture (We 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 and each of the Guarantors shallwill, subject to the satisfaction of the applicable conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Signatures (Spirit AeroSystems 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 and each of 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 their obligations with respect to the Security Documents, the Intercreditor Agreement and all outstanding Notes (including the and Subsidiary Guarantees) Guarantees on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors Issuer shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, this Indenture including that of the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Guarantors (and the Trustee, on demand of and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), the Security Documents and the Intercreditor Agreement, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Execution Version (Oppenheimer Holdings 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 and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof 8.5 and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will 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 8.4, and as more fully set forth in such section, payments in respect of the principal of, premium, if any, and interest on such Notes when such payments are due, (b) the Company's obligations with

Appears in 1 contract

Samples: Indenture (Transtexas Gas Corp)

Legal Defeasance and Discharge. Upon the Company’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 Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 8.4 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) of such Series on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)of such Series, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 8.5 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on written demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Lsi Industries Inc)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 10.01 hereof of the option applicable to this Section 8.0210.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 10.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Subsidiary Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the and Subsidiary Guarantees), respectively, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 10.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper such instruments as requested by the Company acknowledging the same), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Gencorp 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including and all obligations of the Subsidiary Guarantees) Guarantors shall be deemed to have been discharged with respect to their obligations under the Note Guarantees on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”"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 Notes (including the Subsidiary and Note Guarantees), respectively, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Stewart Enterprises Inc

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Supplemental Indenture (Denton Telecom Holdings I, L.L.C.)

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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and cure all then existing Events of Default on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, and to the extent applicable, the Base Indenture have cured all then outstanding Events of Default (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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Renewable Energy Group, 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, on the 91st day after the deposit referred to in Section 8.04(1) be deemed to have been discharged from their obligations with respect to all such outstanding Notes, and the Guarantor will be relieved of its obligations under its guarantee of the Notes (including the Subsidiary Guarantees) of such series, on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness Debt represented by such outstanding Notes, and the outstanding Guarantor will be relieved of its obligations under its guarantee of the Notes (including the Subsidiary Guarantees)of such series, which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Kinder Morgan, Inc.)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, Parent, the Company and each of the Subsidiary Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that Parent, the Company and the Subsidiary Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Swift Transportation Co)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.028.02 with respect to a series of Notes, the Company and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Note Guarantees) with respect to such series of Notes on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees)) with respect to such series of Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary related Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Security and Control Agreement (Icahn Enterprises Holdings L.P.)

Legal Defeasance and Discharge. (a) Upon the Company’s 's exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Note Guarantees), which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their of its other obligations under such Notes, Notes (including the Subsidiary Guarantees Note Guarantees) and this Supplemental Indenture andIndenture, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Iamgold 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 each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations and any Liens securing the Notes and the Note Guarantees shall be released with respect to all outstanding Notes (including and the Subsidiary Note Guarantees) on the date the conditions set forth in Section 8.04 hereof are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Note Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Note Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Brenner's on the Bayou, 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Notes, which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1i) and (2ii) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall will execute proper instruments acknowledging the same), except for the following provisions which will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Southern Star Central Corp)

Legal Defeasance and Discharge. (a) Upon the Company’s exercise under Section 8.01 hereof of the option applicable to this Section 8.02, the Company and each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to the Indenture, all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and through (24) below, and to have satisfied all their of its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the same), and this Indenture shall cease to be of further effect as to all Notes, except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Senior Notes Indenture (Paragon Offshore PLC)

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 each of the any Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) and any Note Guarantees on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees)Notes, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their its other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base Indenture including that of any Guarantors (and the Trustee, on demand of and at the expense of the Company, shall execute proper instruments acknowledging the samesame (in form satisfactory to the Trustee)), except for the following provisions which will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Security Agreement (Ocwen Financial Corp)

Legal Defeasance and Discharge. Upon the Company’s exercise under Section 8.01 9.01 (“Option to Effect Legal Defeasance or Covenant Defeasance”) hereof of the option applicable to this Section 8.029.02, the Company and each of the Guarantors shallNotes Party will, subject to the satisfaction of the conditions set forth in Section 8.04 9.04 (“Conditions to Legal or Covenant Defeasance”) hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes Obligations (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors shall Notes Parties will be deemed to have paid and discharged the entire Indebtedness Debt represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 9.05 (“Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions”) hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base Indenture Notes Obligations (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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (Pioneer Energy Services 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 each of the Guarantors any Guarantor shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof8.04, be deemed to have been discharged from their its obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”). For this purpose, Legal Defeasance means that the Company and the Guarantors Guarantors, if any, shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)and any Guarantees thereon, which will shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and through (2d) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees Notes and this Supplemental Indenture and, to the extent applicable, the Base 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 will shall survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: North American (Griffiths Pile Driving 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, shall be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) Securities and Security Documents on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, “Legal Defeasance”"LEGAL DEFEASANCE"). For this purpose, such Legal Defeasance means that the Company and the Guarantors shall be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees)Securities, which will shall thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1a) and (2b) below, and to have satisfied all their other obligations under such Notesthis Indenture, the Subsidiary Guarantees and this Supplemental Indenture and, Security Documents shall cease to the extent applicable, the Base Indenture be of further effect (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 will shall survive until otherwise terminated or discharged hereunder:: (a) the rights of Holders of outstanding Securities to receive solely from the trust fund described in

Appears in 1 contract

Samples: Price 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 each of the Guarantors shall, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof 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 Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be “outstanding” only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Indenture (NRG 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 and each of the Guarantors shallwill, subject to the satisfaction of the conditions set forth in Section 8.04 hereof, be deemed to have been discharged from their obligations with respect to all outstanding Notes (including the Subsidiary Guarantees) on the date the conditions set forth in Section 8.04 hereof below are satisfied (hereinafter, "Legal Defeasance"). For this purpose, Legal Defeasance means that the Company and the Guarantors shall will be deemed to have paid and discharged the entire Indebtedness represented by the outstanding Notes (including the Subsidiary Guarantees), which will thereafter be deemed to be "outstanding" only for the purposes of Section 8.05 hereof and the other Sections of the this Indenture referred to in clauses (1) and (2) below, and to have satisfied all of their other obligations under such Notes, the Subsidiary Guarantees and this Supplemental Indenture and, to the extent applicable, the Base 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 will survive until otherwise terminated or discharged hereunder:

Appears in 1 contract

Samples: Payless Shoesource Inc /De/

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