and Article Five definition

and Article Five. ("Covenant Defeasance") and thereafter any omission to comply with such obligations shall not constitute a Default or Event of Default with respect to the Notes. In the event of Covenant Defeasance, those events described under Section 6.01 (except those events described in Section 6.01(a),(b),(f) and (g)) will no longer constitute an Event of Default with respect to the Notes. In order to exercise either Legal Defeasance or Covenant Defeasance:
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and Article Five with respect to the outstanding Securities on and after the date the conditions set forth below are satisfied (hereinafter, "Covenant Defeasance"), and the Securities shall thereafter be deemed not "outstanding" for the purposes of any direction, waiver, consent or declaration or act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed "outstanding" for all other purposes hereunder (it being understood that such Securities shall not be deemed outstanding for accounting purposes) and Holders of the Securities and any amounts deposited under Section 8.03 shall cease to be subject to any other obligations. For this purpose, such Covenant Defeasance means that, with respect to the outstanding Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such covenant, whether directly or indirectly, by reason of any reference elsewhere herein to any such covenant or by reason of any reference in any such covenant to any other provision herein or in any other document and such omission to comply shall not constitute a Default or an Event of Default under Section 6.01(c), but, except as specified above, the remainder of this Indenture and such Securities shall be unaffected thereby. In addition, upon the Company's exercise under paragraph (a) hereof of the option applicable to this paragraph (c), subject to the satisfaction of the conditions set forth in Section 8.03, Sections 6.01(c), 6.01(d), 6.01(e), 6.01(h) and 6.01(i) shall not constitute Events of Default.
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Examples of and Article Five in a sentence

  • Repair work is hereby defined as general repairs on apparatus enumerated in Article Four and Article Five of this Agreement.

  • The Company shall pay the principal of and Interest on this Debenture on the dates and in the manner provided in Article Two, Article Three and Article Five.

  • For the avoidance of doubt, the provisions of Article Four and Article Five of the Indenture and Article IV and Article V of the First Supplemental Indenture shall not be applicable to the Company.

  • Except as set forth in Article Four and Article Five hereof, notwithstanding clauses (a) and (b) of paragraph (2) above, nothing contained in this Indenture or in any of the Notes will prevent any consolidation, amalgamation or merger of a Subsidiary Guarantor with or into ▇▇▇▇▇▇▇ or another Subsidiary Guarantor, or will prevent any sale or conveyance of the property of a Subsidiary Guarantor as an entirety or substantially as an entirety to ▇▇▇▇▇▇▇ or another Subsidiary Guarantor.

  • All references in the Indenture as amended by Article One, Article Two, Article Three, Article Four and Article Five hereof, to any of the provisions deleted and eliminated or modified as provided herein, or to terms defined in such provisions, shall, as to the Affected Series, also be deemed deleted and eliminated or modified, as the case may be, in accordance with the terms of this Supplemental Indenture.

  • The Collateral Agent and the holders of the Specified Senior Debt are intended to be third party beneficiaries of this Article and Article Five of this Indenture.

  • The establishment of this Committee in no way abrogates the rights of the parties under Article Two, Article Three, and Article Five of the Agreement between the parties.

  • The Notes are not entitled to the benefit of any sinking fund, and Article Five of the Original Indenture shall not apply to the Notes.

  • In addition, the Company may, at its option and at any time, elect to have the obligations of the Company released with respect to covenants contained in Sections 4.10 through 4.20 and Article Five of this Indenture ("Covenant Defeasance") and thereafter any omission to comply with such obligations shall not constitute a Default or Event of Default with respect to the Notes.

  • This Agreement (other than Article Eight) shall terminate and the Trust shall dissolve, wind up and terminate and be of no further force or effect upon the earlier of (i) the final distribution by the Owner Trustee of all moneys or other property or proceeds of the Trust Estate in accordance with the terms of the Indenture, the Transfer and Servicing Agreement and Article Five; and (ii) the expiration of 21 years from the death of the last survivor of the descendants of ▇▇▇▇▇▇ ▇.