Satisfaction and Discharge Defeasance. 31 Section 8.1. Satisfaction and Discharge of Indenture..................................... 31 Section 8.2. Application of Trust Funds; Indemnification................................. 32 Section 8.3. Legal Defeasance of Securities of any Series................................ 32 Section 8.4. Covenant Defeasance......................................................... 34 Section 8.5. Repayment to Company........................................................ 35 ARTICLE IX.
Satisfaction and Discharge Defeasance. Section 8.1
Satisfaction and Discharge Defeasance. The Company shall be entitled to obtain a full release of all of the Security Collateral from the Liens of this Indenture and of the Security Documents upon payment in full of all principal, premium, if any, and interest on the Securities and of all other Obligations for the payment of money due and owing to the Trustee or the Holders under this Indenture, the Securities, the Guarantees and the Security Documents, or upon compliance with the conditions precedent set forth in Article Twelve hereof for covenant defeasance. Upon such payment or upon delivery by the Company to the Trustee of an Officers' Certificate and an Opinion of Counsel, each to the effect that such conditions precedent have been complied with (and which may be the same Officers' Certificate and Opinion of Counsel required by Article Twelve hereof), together with such documentation, if any, as may be required by the Trust Indenture Act (including, without limitation, Trust Indenture Act Section 314(d)) or reasonably required by the Trustee prior to the release of such Security Collateral, the Trustee shall forthwith take all action that is necessary or reasonably requested by the Company (in each case at the expense of the Company) to release and reconvey to the Company without recourse all of the Security Collateral, and shall deliver such Security Collateral in its possession to the Company and shall execute and deliver to the Company releases and satisfactions, in recordable form, to the extent reasonably requested by the Company.
Satisfaction and Discharge Defeasance. The Company and the Guarantors shall be entitled to obtain a full release of all of the Collateral from the Liens of this Indenture and of the Security Documents upon payment in full of all principal, premium, if any, interest and Additional Interest, if any, on the Notes and of all Obligations for the payment of money due and owing to the Trustee or the Holders, or upon compliance with the conditions precedent set forth in Article VIII for legal defeasance or covenant defeasance. Upon delivery by the Company to the Trustee and the Collateral Agent of an Officers’ Certificate and an Opinion of Counsel, each to the effect that such conditions precedent have been complied with (and which may be the same Officers’ Certificate and Opinion of Counsel required by Article VIII), together with such documentation, if any, as may be required by the Trustee or the TIA (including, without limitation, TIA § 314(d)) prior to the release of such Collateral, the Trustee shall forthwith take all necessary action (at the request of and the expense of the Company) to release and reconvey to the Company and the applicable Guarantors without recourse all of the Collateral, and shall deliver such Collateral in its possession to the Company and the applicable Guarantors including, without limitation, the execution and delivery of releases and satisfactions wherever required.
Satisfaction and Discharge Defeasance. Section 8.1 Satisfaction and Discharge of Indenture
Satisfaction and Discharge Defeasance. Notwithstanding anything to the contrary contained in any Security Document, the Issuer and any Subsidiary Guarantors shall be entitled to obtain a full release of all of the Collateral from the Liens of the Security Documents upon payment in full of all principal of, premium, if any, and interest and Additional Interest, if any, on the Notes and of all obligations for the payment of money due and owing to the Collateral Agent, the Trustee or the Holders pursuant to the Notes, this Indenture or any Security Documents, or upon the satisfaction and discharge of this Indenture in accordance with Article 8 or upon Legal Defeasance or Covenant Defeasance in accordance with Article 8 of this Indenture; provided that all amounts owing to the Trustee and the Collateral Agent under this Indenture, the Notes, the Guarantees and the Security Documents shall have been paid or duly provided for. Upon the release of any Subsidiary Guarantor from its obligations under this Indenture and its Guarantee pursuant to Section 4.16(c), such Subsidiary Guarantor shall be entitled to obtain the release of all of its Collateral from the Liens of the Security Documents; provided that all amounts owing to the Trustee and the Collateral Agent under this Indenture, the Notes, the Guarantees and the Security Documents shall have been paid or duly provided for. The Liens on the Collateral shall also be released with respect to the Notes and the Guarantees with the consent of each Holder of the Notes affected thereby (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, Notes). Upon delivery by the Issuer to the Collateral Agent of an Officers’ Certificate and an Opinion of Counsel, each to the effect that all such conditions precedent to such release and reconveyance have been complied with (and which may be the same Officers’ Certificate and Opinion of Counsel required by Article 9), together with such documentation, if any, as may be required by this Indenture prior to the release of such Collateral, the Collateral Agent shall forthwith take all necessary action (at the written request of and the expense of the Issuer) to release and reconvey to the Issuer and the applicable Subsidiary Guarantors without recourse, representation or warranty all of the Collateral by executing a release in the form provided by the Issuer or the applicable Subsidiary Guarantor and reasonably acceptable to the Collateral Agent, and shall...
Satisfaction and Discharge Defeasance. SECTION 4.01 Satisfaction and Discharge of Indenture; Defeasance........................................27 SECTION 4.02 Conditions to Defeasance...................................................................29 SECTION 4.03 Application of Trust Money.................................................................30 SECTION 4.04 Repayment of Moneys Held by Paying Agent...................................................31
Satisfaction and Discharge Defeasance. Sections 11.1, 11.2 and 11.3 hereof will replace Sections 8.1, 8.3, and 8.4, respectively, of the Base Indenture with respect to the Notes only.
Satisfaction and Discharge Defeasance. Section 4.01 Satisfaction and Discharge of Bond Indenture; Defeasance 28 Section 4.02 Conditions to Defeasance 29 Section 4.03 Application of Trust Money 30 Section 4.04 Repayment of Moneys Held by Paving Agent 30 ARTICLE V Remedies Section 5.01 Events of Default 31 Section 5.02 Acceleration of Maturity; Rescission and Annulment 32 Section 5.03 Collection of Indebtedness and Suits for Enforcement by Bond Trustee 32 Section 5.04 Remedies; Priorities 34 Section 5.05 Optional Possession of the Collateral 34 Section 5.06 Limitation of Suits 34 Section 5.07 Unconditional Rights of Bondholders To Receive Principal and Interest 35 Section 5.08 Restoration of Rights and Remedies 35 Section 5.09 Rights and Remedies Cumulative 35 Section 5.10 Delay or Omission Not a Waiver 35 Section 5.11 Control by Bondholders 36 Section 5.12 Waiver of Past Defaults 36 Section 5.13 Undertaking for Costs 36 Section 5.14 Waiver of Stay or Extension Laws 37 Section 5.15 Action on Bonds 37 Section 5.16 Performance and Enforcement of Certain Obligations 37 ARTICLE VI The Bond Trustee Section 6.01 Duties of Bond Trustee 38 Section 6.02 Rights of Bond Trustee 39 Section 6.03 Individual Rights of Bond Trustee 40 Section 6.04 Bond Trustee’s Disclaimer 41 Section 6.05 Notice of Defaults 41 Section 6.06 Reports by Bond Trustee to Holders 41 Section 6.07 Compensation and Indemnity 42 Section 6.08 Replacement of Bond Trustee and Securities Intermediary 43 Section 6.09 Successor Bond Trustee by Merger 44 Section 6.10 Appointment of Co-Trustee or Separate Trustee 44 Section 6.11 Eligibility; Disqualification 45 Section 6.12 Preferential Collection of Claims Against Bond Issuer 45 Section 6.13 Representations and Warranties of Bond Trustee 45 Section 6.14 Custody of Collateral 45
Satisfaction and Discharge Defeasance. The satisfaction and discharge and Defeasance and Covenant Defeasance provisions in Articles IV and XIII of the Base Indenture shall be applicable to the Notes and any Guarantee thereof. In the case of a Covenant Defeasance, (i) the Company will be released from its obligations to comply with Sections 4.1 and 4.2 of this Supplemental Indenture (for the benefit of Holders of Notes) and Section 1004 of the Base Indenture (for the benefit of Holders of Notes) and Section 801 of the Base Indenture (other than Section 8.01(2)) and (ii) the events described in Section 6.1(a), clauses (3), (4), (5) and (8) of this Supplemental Indenture shall no longer constitute Events of Default with respect to Notes. If the Company exercises its Defeasance or its Covenant Defeasance option or satisfies and discharges the Indenture with respect to the Notes, in each case all Guarantees (if any are in effect at such time) will terminate.
