Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 9 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P), Indenture (Inergy L P)
Legal Defeasance. In addition to discharge of the this Indenture pursuant to Section 4014.1, in the case of any Securities with respect to which the exact amount described in subparagraph A of Section 4.4 can be determined at the time of making the deposit referred to in such subparagraph A, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on the 91st day and after the date of the deposit referred to conditions set forth in Clause (1) belowSection 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if anySecurities, (ii) substitution of mutilated, defaced, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive receive, solely from the trust fund described in subparagraph A of Section 4.4, payments of principal thereof and interest thereoninterest, if any, thereon upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, this Section 4.2 and (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and ) (vii) the obligations of the Partnership under Section 1002hereinafter called "Legal Defeasance"), and the Trustee, at the cost and expense of the PartnershipCompany, shall, upon a Partnership Request, shall execute proper instruments supplied by the Company acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):.
Appears in 6 contracts
Samples: First American Financial Corp, First American Financial Corp, First American Financial Corp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the PartnershipCompany's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 5 contracts
Samples: Smithtown Bancorp Inc, First of Long Island Corp, WashingtonFirst Bankshares, Inc.
Legal Defeasance. In addition to discharge of the this Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 5 contracts
Samples: Tc Pipelines Lp, Valero Logistics Operations Lp, Valero Logistics Operations Lp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.01, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 6076.07), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 100210.02), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 5 contracts
Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (Investar Holding Corp)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 4 contracts
Samples: Indenture (Prosperity Bancshares Inc), Central Valley Community (Central Valley Community Bancorp), Central Valley Community (Central Valley Community Bancorp)
Legal Defeasance. In addition to discharge of (i) On and after the Indenture pursuant to Section 401date the conditions set forth in clause (ii) below are satisfied (“legal defeasance”), the Partnership Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to the Securities of any Series and this Indenture with respect to such Series. For this purpose, such legal defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness on all Indebtedness represented by such Outstanding Securities which shall thereafter be deemed to be “Outstanding” only for the Securities purposes of such a series on Section 10.1 and the 91st day after the date other Sections of the deposit this Indenture referred to in Clause clauses (1A) and (B) below, and to have satisfied all of its other obligations under such Securities, the provisions of Guarantee in respect thereof and this Indenture with respect to the insofar as such Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, Guarantee in respect thereof are concerned (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the written request of and at the cost and expense of the Partnership, shall, upon a Partnership Request, Company and the Guarantor shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (i) the rights of Holders of such Outstanding Securities to receive, solely from the trust fund described in clause (ii)(A) and as more fully set forth in such clause, payments in respect of the principal of and interest, if any, on, and Additional Amounts, if any, with respect to, such Securities when such payments are due, (ii) the conditions set forth below are satisfied obligations of the Company, the Guarantor and the Trustee with respect to such Securities under Sections 2.8, 2.9 and 3.2 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 3.7 (hereinafterbut only to the extent that the Additional Amounts payable with respect to such Securities exceed the amount deposited in respect of such Additional Amounts pursuant to clause (ii)(A)), "defeasance"):(iii) the rights, powers, trusts, immunities and indemnities of the Trustee hereunder, (iv) the rights of optional redemption and (v) this Article Ten.
Appears in 4 contracts
Samples: Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Senior Indenture (Alterra Finance LLC), Senior Indenture (Markel Corp)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viivi) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):): (1) The Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust, for the purposes of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of the Securities of such series (i) cash in an amount, or (ii) in the case of any series of Securities the payments on which may only be made in legal coin or currency of the United States, U.S. Government Obligations, maturing as to principal and interest at such times and in such amounts as will insure the availability of cash, or (iii) a combination thereof, sufficient, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay (A) the principal and interest and premium, if any, on all Securities of such series on each date that such principal, interest or premium, if any, is due and payable or on any Redemption Date established pursuant to Clause (3) below, and (B) any mandatory sinking fund payments on the dates on which such payments are due and payable in accordance with the terms of the Indenture and the Securities of such series; (2) The Company has delivered to the Trustee an Opinion of Counsel based on the fact that (x) the Company has received from, or there has been published by, the Internal Revenue Service a ruling, or (y) since the date hereof, there has been a change in the applicable federal income tax law, in either case to the effect that, and such opinion shall confirm that, the holders of the Securities of such series will not recognize income, gain or loss for federal income tax purposes as a result of such deposit and defeasance and will be subject to federal income tax on the same amount and in the same manner and at the same times, as would have been the case if such deposit and defeasance had not occurred; (3) If the Securities are to be redeemed prior to Stated Maturity (other than from mandatory sinking fund payments or analogous payments), notice of such redemption shall have been duly given pursuant to this Indenture or provision therefor satisfactory to the Trustee shall have been made; (4) No Event of Default or event which with notice or lapse of time or both would become an Event of Default shall have occurred and be continuing on the date of such deposit; and 58
Appears in 3 contracts
Samples: El Paso Natural Gas Co, El Paso Natural Gas Co, El Paso Natural Gas Co
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates Stated Maturities therefor or on the specified redemption dates Redemption Dates therefor (but not upon acceleration), and remaining rights of the holders Holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viivi) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging ac- 86 78 knowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):): (1) The Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust, for the purposes of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of the Holders of the Securities of such series (i) cash in an amount, or (ii) in the case of any series of Securities the payments on which may only be made in legal coin or currency of the United States, U.S. Government Obligations, maturing as to principal and interest at such times and in such amounts as will insure the availability of cash, or (iii) a combination thereof, sufficient, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay (A) the principal and interest and premium, if any, on all Securities of such series on each date that such principal, interest or premium, if any, is due and payable or on any Redemption Date established pursuant to clause (3) below, and (B) any mandatory sinking fund payments on the dates on which such payments are due and payable in accordance with the terms of the Indenture and the Securities of such series; (2) The Company has delivered to the Trustee an Opinion of Counsel based on the fact that (x) the Company has received from, or there has been published by, the Internal Revenue Service a ruling, or (y) since the date hereof, there has been a change in the applicable federal income tax law, in either case to the effect that, and such opinion shall confirm that, the holders of the Securities of such series will not recognize income, gain or loss for federal income tax purposes as a result of such deposit and defeasance and will be subject to federal income tax on the same amount and in the same manner and at the same times, as would have been the case if such deposit and defeasance had not occurred; (3) If the Securities are to be redeemed prior to Stated Maturity (other than from mandatory sinking fund payments or analogous payments), notice of such redemption shall have been duly given pursuant to this Indenture or provision therefor satisfactory to the Trustee shall have been made; (4) No Default or Event of Default shall have occurred and be continuing on the date of such deposit; and (5) The Company has delivered to the Trustee an Officer's Certificate and an Opinion of Counsel, each stating that all conditions precedent provided for relating to the defeasance contemplated by this provision have been complied with. For this purpose, such defeasance means that the Company and any other obligor upon the Securities of such series shall be deemed to have paid and 87 79 discharged the entire debt represented by the Securities of such series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1304 and the rights and obligations referred to in clauses (i) through (vi), inclusive, of the first paragraph of this Section, and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned.
Appears in 3 contracts
Samples: Tennessee Gas Pipeline Co, El Paso Tennessee Pipeline Co, Tennessee Gas Pipeline Co
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Alliance Resource Partners Lp, Alliance Resource Partners Lp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company and each of the Guarantors shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series and any related Securities Guarantees on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series and any related Securities Guarantee shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 2 contracts
Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.), Indenture (El Paso Pipeline Partners, L.P.)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's and any Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Kinder Morgan Energy Partners L P
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the such Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of such Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of such Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's and Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such seriesSecurities, (vi) the rights of the Holders of such Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Indenture (Kinder Morgan Energy Partners L P), Indenture (Kinder Morgan Energy Partners L P)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.1, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1a) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i1) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii2) substitution of mutilated, destroyed, lost or stolen Securities, (iii3) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv4) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v5) the rights, if any, to convert or exchange the Securities of such series, (vi6) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii7) the obligations of the Partnership Company under Section 100210.2), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Indenture (Amcv Capital Trust I), El Paso Natural Gas Co
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.01, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 6076.07), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 100210.02), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Samples: Indenture (Buckeye Partners L P), Buckeye Partners L P
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the PartnershipCompany's obligations in connection therewith (including, but not limited to, Section 607), ) (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 2 contracts
Legal Defeasance. In addition to discharge of the this Indenture pursuant to Section 401, in the Partnership case of any Junior Subordinated Notes with respect to which the exact amount described in subparagraph (a) of Section 404 can be determined at the time of making the deposit referred to in such subparagraph (a), the Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series Junior Subordinated Notes as provided in this Section on the 91st day and after the date of the deposit referred to conditions set forth in Clause (1) belowSection 404 are satisfied, and the provisions of this Indenture with respect to the Securities of such series Junior Subordinated Notes shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if anyJunior Subordinated Notes, (ii) substitution of mutilated, destroyed, lost or stolen SecuritiesJunior Subordinated Notes, (iii) rights of Holders of Securities Junior Subordinated Notes to receive receive, solely from the trust fund described in subparagraph (a) of Section 404, payments of principal thereof and interest thereoninterest, if any, thereon upon the original stated each date that such principal and interest, if any, is due dates therefor or on the specified redemption dates therefor and payable (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607)Trustee, (v) the rights, if any, to convert or exchange the Securities of such series, this Section 402 and (vi) the rights of the Holders of Securities of such series Junior Subordinated Notes as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and ) (vii) the obligations of the Partnership under Section 1002hereinafter called Legal Defeasance), and the Trustee, Trustee at the cost and expense of the PartnershipCompany, shall, upon a Partnership Request, shall execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):.
Appears in 2 contracts
Samples: Virginia Electric & Power Co, Virginia Electric & Power Co
Legal Defeasance. In addition to discharge of the this Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's ’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive receive, solely from the trust fund described in Section 1304 and as more fully set forth in such Section, payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's ’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 2 contracts
Samples: Indenture (NuStar Pipeline Operating Partnership L.P.), Indenture (NuStar Energy L.P.)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders Holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter“Defeasance”): (1) the Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust, "defeasance"):for the purposes of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of Holders of the Securities of such series (A) cash in an amount, or (B) in the case of any series of Securities the payments on which may only be made in legal coin or currency of the United States, U.S. Government Obligations, maturing as to principal and interest at such times and in such amounts as will insure the availability of cash, or (C) a combination thereof, in each case sufficient, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay (i) the principal and interest and premium, if any, on all Securities of such series on each date that such principal, interest or premium, if any, is due and payable or on any Redemption Date established pursuant to clause (3) below, and (ii) any mandatory sinking fund payments on the dates on which such payments are due and payable in accordance with the terms of the Indenture and the Securities of such series;
Appears in 1 contract
Samples: Park National Corp /Oh/
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders Holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter“Defeasance”): (1) the Company has irrevocably deposited or caused to be deposited with the Trustee as trust funds in trust, "defeasance"):for the purposes of making the following payments, specifically pledged as security for, and dedicated solely to, the benefit of Holders of the Securities of such series (A) cash in an amount, or (B) in the case of any series of Securities the payments on which may only be made in legal coin or currency of the United States, U.S. Government Obligations, maturing as to principal and interest at such times and in such amounts as will insure the availability of cash, or (C) a combination thereof, in each case sufficient, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, to pay (i) the principal and interest and premium, if any, on all Securities of such series on each date that such principal, interest or premium, if any, is due and payable or on any Redemption Date established pursuant to clause (3) below, and (ii) any mandatory sinking fund payments on the dates on which such payments are due and payable in accordance with the terms of the Indenture and the Securities of such series; (2) the Company has delivered to the Trustee an Opinion of Counsel based on the fact that (A) the Company has received from, or there has been published by, the Internal Revenue Service a ruling, or (B) since the date hereof, there has been a change in the applicable federal income tax law, in either case to the effect that, and such opinion shall confirm that, Holders of the Securities of such series will not recognize income, gain or loss for federal income tax purposes as a result of such deposit, Defeasance and discharge and will be subject to federal income tax on the same amount and in the same manner and at the same times, as would have been the case if such deposit, Defeasance and discharge had not occurred; (3) if the Securities are to be redeemed prior to Stated Maturity (other than from mandatory sinking fund payments or analogous payments), notice of such redemption shall have been duly given pursuant to this Indenture or provision therefor satisfactory to the Trustee shall have been made; (4) no Default or Event of Default shall have occurred and be continuing on the date of such deposit (other than any Default or Event of Default resulting from the incurrence of Debt the proceeds of which are to be applied to such deposit, and the granting of any liens in connection therewith); (5) such Defeasance shall not cause the Trustee to have a conflicting interest within the meaning of the Trust Indenture Act (assuming all Securities are in default within the meaning of such Act); (6) such Defeasance shall not result in a breach or violation of, or constitute a default under, any other agreement or instrument to which the Company is a party or by which it is bound; (7) such Defeasance shall not result in the trust arising from such deposit constituting an investment company within the meaning of the Investment Company Act of 1940, as amended, unless such trust shall be registered under such Act or exempt from registration thereunder; and (8) the Company has delivered to the Trustee an Officers’ Certificate and an Opinion of Counsel, each stating that all conditions precedent provided for relating to the Defeasance contemplated by this provision have been complied with. For this purpose, such Defeasance means that the Company and any other obligor upon the Securities of such series shall be deemed to have paid and discharged the entire debt represented by the Securities of such series, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 1304 and the rights and obligations referred to in clause (i) through (vii), inclusive, of the first paragraph of this Section, and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned.
Appears in 1 contract
Samples: Enterprise Financial Services Corp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.01, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1i) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (ia) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (iib) substitution of mutilated, destroyed, lost or stolen Securities, (iiic) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 6076.07), (ve) the rights, if any, to convert or exchange the Securities of such series, (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viig) the obligations of the Partnership Company under Section 100210.02), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: Indenture (CenterState Bank Corp)
Legal Defeasance. In Unless specifically provided otherwise in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 3.1, in addition to discharge of the this Indenture pursuant to Sections 4.1 and 4.3, in the case of any series of Securities with respect to which an amount sufficient to pay and discharge the entire indebtedness on such Securities not theretofore delivered to the Trustee for cancellation, for principal (and premium, if any) and interest, as certified pursuant to Section 4014.4(a) can be determined at the time of making the deposit referred to in such in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 4.4(a), the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on the 91st day and after the date of the deposit referred to conditions set forth in Clause (1) belowSection 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (effect, except as to (ia) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if anyseries, (iib) substitution of mutilated, defaced, destroyed, lost or stolen SecuritiesSecurities of such series, (iiic) rights of Holders of Securities of such series to receive receive, solely from the trust fund described in Section 4.4(a), payments of principal thereof and interest thereoninterest, if any, thereon upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders Holders of Securities of such series to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, e) this Section 607)4.2, (v) the rights, if any, to convert or exchange the Securities of such series, (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, ) and (viig) the obligations Company's obligation to pay the expenses of the Partnership any ONB Trust under Section 100210.6 (hereinafter called "Legal Defeasance"), and the Trustee, Trustee at the cost and expense of the PartnershipCompany, shall, upon a Partnership Request, shall execute proper instruments acknowledging the same. If the Company exercises its Legal Defeasance option, if the conditions set forth below are satisfied (hereinafter, "defeasance"):a series may not be accelerated because of an Event of Default.
Appears in 1 contract
Samples: Onb Capital Trust Iv
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Operating Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the such Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of such Securities of such series and the Operating Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of such Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Operating Partnership's and Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such seriesSecurities, (vi) the rights of the Holders of such Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Operating Partnership under Section 1002), and the Trustee, at the expense of the Operating Partnership, shall, upon a Operating Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Legal Defeasance. In addition to discharge of the this Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on with respect to all the Securities of such a series on the 91st day and after the date of the deposit referred to in Clause (1) below, conditions set forth below are satisfied and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive receive, solely from the trust fund described in Section 1303 and as more fully set forth in such Section, payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002Sections 1002 and 1003), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.1, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1a) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i1) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii2) substitution of mutilated, destroyed, lost or stolen Securities, (iii3) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv4) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v5) the rights, if any, to convert or exchange the Securities of such series, (vi6) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii7) the obligations of the Partnership Company under Section 100210.2), and the Trustee, at 69 the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: El Paso Energy Capital Trust I
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.01, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's ’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's ’s obligations in connection therewith (including, but not limited to, Section 6076.07), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 100210.02), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: Buckeye Partners, L.P.
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: Lakehead Pipeline Co Lp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1i) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (ia) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (iib) substitution of mutilated, destroyed, lost or stolen Securities, (iiic) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (ve) the rights, if any, to convert or exchange the Securities of such series, (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viig) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: CenterState Bank Corp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: Kinder Morgan Energy Partners L P
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership and each of the Guarantors shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series and any related Securities Guarantees on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series and any related Securities Guarantee shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's ’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's ’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: El Paso Pipeline Partners Operating Company, L.L.C.
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership and each of the Guarantors shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series and any related Securities Guarantees on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series and any related Securities Guarantee shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's ’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's ’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: El Paso Pipeline Partners Operating Company, L.L.C.
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Operating Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the such Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of such Securities of such series and the Operating Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of such Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Operating Partnership's and Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such seriesSecurities, (vi) the rights of the Holders of such Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Operating Partnership under Section 1002), and the Trustee, at the expense of the Operating Partnership, shall, upon a Operating Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates Redemption Dates therefor (but not upon acceleration), and remaining rights of the holders Holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viivi) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: COLORADO INTERSTATE ISSUING Corp
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.1, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1a) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i1) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii2) substitution of mutilated, destroyed, lost or stolen Securities, (iii3) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv4) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi5) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii6) the obligations of the Partnership Company under Section 100210.2), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: El Paso Energy Capital Trust Iii
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no not longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):);
Appears in 1 contract
Samples: Indenture (Lakehead Pipeline Co Lp)
Legal Defeasance. In Unless specifically provided otherwise in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 3.1, in addition to discharge of the this Indenture pursuant to Sections 4.1 and 4.3, in the case of any series of Securities with respect to which an amount sufficient to pay and discharge the entire indebtedness on such Securities not theretofore delivered to the Trustee for cancellation, for principal (and premium, if any) and interest, as certified pursuant to Section 4014.4(a) can be determined at the time of making the deposit referred to in such in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 4.4(a), the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series as provided in this Section on the 91st day and after the date of the deposit referred to conditions set forth in Clause (1) belowSection 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (effect, except as to (ia) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if anyseries, (iib) substitution of mutilated, defaced, destroyed, lost or stolen SecuritiesSecurities of such series, (iiic) rights of Holders of Securities of such series to receive receive, solely from the trust fund described in Section 4.4(a), payments of principal thereof and interest thereoninterest, if any, thereon upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders Holders of Securities of such series to receive mandatory sinking fund payments, if any, (ivd) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, e) this Section 607)4.2, (v) the rights, if any, to convert or exchange the Securities of such series, (vif) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, ) and (viig) the obligations Company's obligation to pay the expenses of the Partnership any HCC Trust under Section 100210.6 (hereinafter called "Legal Defeasance"), and the Trustee, Trustee at the cost and expense of the PartnershipCompany, shall, upon a Partnership Request, shall execute proper instruments acknowledging the same. If the Company exercises its Legal Defeasance option, if the conditions set forth below are satisfied (hereinafter, "defeasance"):a series may not be accelerated because of an Event of Default.
Appears in 1 contract
Samples: HCC Capital Trust Ii
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (viivi) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: El Paso Energy Corp/De
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401401 with respect to the Securities of any series, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series series, and the Guarantor relieved of its obligations under the Guarantee as it relates to such series, on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series and the Guarantee as it relates to such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the PartnershipCompany's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, in each case out of the trust funds deposited with the Trustee pursuant to Section 1303, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the PartnershipCompany's obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 10021002 and the obligations of the Company and the Guarantor to pay Additional Amounts and Documentary Taxes under Section 1108), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: Kinder Morgan Inc
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's and Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):): 66
Appears in 1 contract
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership Company and each of the Guarantors shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series and any related Securities Guarantees on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series and any related Securities Guarantee shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership Company under Section 1002), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: Indenture (El Paso Pipeline Partners Operating Company, L.L.C.)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 4014.01, the Partnership Company shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's Company’s right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's Company’s obligations in connection therewith (including, but not limited to, Section 6076.07), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership 63 Company under Section 100210.02), and the Trustee, at the expense of the PartnershipCompany, shall, upon a Partnership Company Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "“defeasance"”):
Appears in 1 contract
Samples: Indenture (Investar Holding Corp)
Legal Defeasance. In addition to discharge of the Indenture pursuant to Section 401, the Partnership shall be deemed to have paid and discharged the entire indebtedness on all the Securities of such a series on the 91st day after the date of the deposit referred to in Clause (1) below, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and exchange of Securities of such series and the Partnership's right of optional redemption, if any, (ii) substitution of mutilated, destroyed, lost or stolen Securities, (iii) rights of Holders of Securities to receive payments of principal thereof and interest thereon, upon the original stated due dates therefor or on the specified redemption dates therefor (but not upon acceleration), and remaining rights of the holders to receive mandatory sinking fund payments, if any, (iv) the rights, obligations, duties and immunities of the Trustee hereunder, and the Partnership's and Guarantors' obligations in connection therewith (including, but not limited to, Section 607), (v) the rights, if any, to convert or exchange the Securities of such series, (vi) the rights of the Holders of Securities of such series as beneficiaries hereof with respect to the property so deposited with the Trustee payable to all or any of them, and (vii) the obligations of the Partnership under Section 1002), and the Trustee, at the expense of the Partnership, shall, upon a Partnership Request, execute proper instruments acknowledging the same, if the conditions set forth below are satisfied (hereinafter, "defeasance"):
Appears in 1 contract
Samples: Kinder Morgan Energy Partners L P
