Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 7 contracts

Samples: Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.), Indenture (Acreage Holdings, Inc.)

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Defeasance and Discharge. Upon On and after the Company’s exercise of date on which the above option applicable to this conditions set forth in Section 14.02 407 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 408 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, upon payment of all amounts due it under Section 607, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 407(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06309, 10.02 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, payable with respect to such Securities as specified pursuant to clause (C13) of Section 301; (iii) the Company's obligations with respect to a conversion or exchange of such Securities; (iv) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dv) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option defease the Securities of any series under this Section 14.02 405 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 14.03 406 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 6 contracts

Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc, Key Energy Services Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606, the last sentence of Section 1005, and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 6 contracts

Samples: Indenture (BSC Capital Trust Iii), Indenture (BSC Capital Trust Iii), Indenture (Boston Scientific Corp)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section 14.02, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.04, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenXIV. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 6 contracts

Samples: Apollo Debt Solutions BDC, HPS Corporate Lending Fund, CION Investment Corp

Defeasance and Discharge. Upon the Company’s exercise of the above option specified in Section 4.3 applicable to this Section 14.02 with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 4.6 are satisfied (hereinafter, a “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which Securities shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.7 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s obligations with respect to such Securities under Sections 3.053.5, 3.063.6, 10.02 9.2 and 10.039.3 and with respect to the payment of additional amounts, if any, payable with respect to such Securities as specified pursuant to Section 3.1(b) (C18); (iii) the rights, powers, trusts, duties duties, immunities and immunities indemnities of the Trustees Trustee hereunder and (Div) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.5 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 6 contracts

Samples: Indenture (Know Labs, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis, Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including, without limitation, Section 606 and the penultimate paragraph of Section 1405 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 6 contracts

Samples: Indenture (Coca-Cola European Partners Us, LLC), Indenture (Medicinova Inc), Indenture (pdvWireless, Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Twelve shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. If the Company exercises its defeasance option pursuant to this Section 1402, the Guarantee will terminate with respect to that series of Securities. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.

Appears in 5 contracts

Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "DEFEASANCE"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 5 contracts

Samples: Aig Capital Trust I, American International Group Inc, Aig Capital Trust I

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 5 contracts

Samples: New Pacific Metals Corp, IM Cannabis Corp., Energy Fuels Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 5 contracts

Samples: Indenture (Complete Management Inc), Indenture (Hub International LTD), Indenture (Complete Management Inc)

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect 1602 applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to be discharged from its obligations with respect to such Securities as provided in this Section 1602 on and any related coupons on after the date the conditions set forth in Section 14.04 1604 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company and any Subsidiary Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Subsidiary Guarantees and to have satisfied all of its other obligations under such Securities and any related coupons Subsidiary Guarantees and this Indenture insofar as such Securities and any related coupons Subsidiary Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1604 and as more fully set forth in such SectionSection 1606, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s and any Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenSixteen. Subject to compliance with this Article FourteenSixteen, the Company may exercise its option under (if any) to have this Section 14.02 1602 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1603 applied to such Securities and any related couponsSecurities.

Appears in 5 contracts

Samples: American Italian Pasta Co, Bay Valley Foods, LLC, Lear Corp

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company and the Guarantor shall each be deemed to have been discharged from its their respective obligations with respect to such Securities or series of Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bii) the Company’s respective obligations of the Company and the Guarantor with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 10.2 and 10.0310.3, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) the provisions set forth in this Article Fourteen13. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 13.2 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.

Appears in 5 contracts

Samples: Vale Overseas LTD, Vale Overseas LTD, Indenture (Gerdau Trade II Inc.)

Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Corporation’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.

Appears in 4 contracts

Samples: Indenture (Ovintiv Inc.), Indenture (Encana Corp), Indenture (Cenovus Energy Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantee of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 15.04 are satisfied (hereinafter, herein called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s and each Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, and, if applicable, their obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 15.03 applied to such Securities and any related couponsSecurities.

Appears in 4 contracts

Samples: Indenture (Lynden USA Inc.), Indenture (Davis Petroleum Corp.), NGSG Properties, Inc.

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related coupons.

Appears in 4 contracts

Samples: Triple Flag Precious Metals Corp., Indenture (Village Farms International, Inc.), Profound Medical Corp.

Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.1 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.2, the Company and any other obligor on the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.4 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and any other obligor on the Securities shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.5 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.4 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.053.4, 3.063.5, 10.02 3.8, 10.2 and 10.0310.3, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.7, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.2 notwithstanding the prior exercise of its option under Section 14.03 4.3 with respect to such Securities and any related couponsthe Securities.

Appears in 4 contracts

Samples: Indenture (Bally Total Fitness Holding Corp), Bally Total Fitness Holding Corp, Di Giorgio Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 4 contracts

Samples: Suncor Energy Inc, Suncor Energy Inc, Indenture (Schering Plough Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantees of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, “defeasance”herein called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s 's and each Subsidiary Guarantor's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, their obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1503 applied to such Securities and any related couponsSecurities.

Appears in 4 contracts

Samples: Senior Indenture (Energy XXI Gulf Coast, Inc.), Senior Indenture (Gasco Energy Inc), Goodrich Petroleum CO LLC

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 3 contracts

Samples: Indenture (Encana Corp), Encana Corp, Encana Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: International Lease Finance Corp, International Lease Finance Corp, International Lease Finance Corp

Defeasance and Discharge. Upon the The Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company at its option, shall ------------------------ be deemed to have been discharged from its obligations with respect to such the Securities of or within a series on and any related coupons on after the date the conditions set forth in Section 14.04 4.6 are satisfied (hereinafter, “hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) belowArticle 4, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (Cb) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dc) this Article Fourteen4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.5 with respect to such Securities and any related couponsSecurities.

Appears in 3 contracts

Samples: St Paul Bancorp Inc, St Paul Bancorp Inc, Farmland Industries Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 1302 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05Section 304, 3.06Section 305, 10.02 Section 306, Section 1003, Section 1004, Section 1005 and 10.03the Company’s obligations to the Trustee under Section 607, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 1302 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 3 contracts

Samples: Indenture (Marvell Technology Group LTD), Marvell Technology Group LTD, Marvell Technology Group LTD

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of ARTICLE XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company and the Guarantors of the Securities shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other respective obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons or such Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04(1) and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations of the Company and the Guarantors of the Securities of such series with respect to such Securities under Sections Section 3.04, Section 3.05, Section 3.06, Section 10.02 and 10.03Section 11.03, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (DSection 5.01(4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 13.03 applied to such Securities. Upon the effectiveness of defeasance with respect to any series of Securities, each Guarantor of the Securities of such series shall (except as provided in clause (2) of the next preceding sentence) be automatically and unconditionally released and discharged from all of its obligations under its Guarantee of the Securities of such series and all of its other obligations under this Indenture in respect of the Securities of such series, without any related couponsaction by the Company, any Guarantor or the Trustee and without the consent of the Holders of any Securities.

Appears in 3 contracts

Samples: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any the Outstanding Securities of or within a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series (except for certain obligations to register the transfer or exchange of Securities of such series, to replace stolen, lost or mutilated Securities of such series, and any related coupons to maintain paying agencies) on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, Section 6.07, 10.02 and 10.0310.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenARTICLE XIV. Subject to compliance with this Article FourteenARTICLE XIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to the Securities of such Securities and any related couponsseries.

Appears in 3 contracts

Samples: D & K Healthcare Resources Inc, D & K Healthcare Resources Inc, D & K Healthcare Resources Inc

Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 12.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer upon Issuer Request, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 12.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the CompanyIssuer’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and its obligations to the Trustee under Sections 6.7 and 12.5, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 12.3 applied to such Securities and any related couponsSecurities.

Appears in 3 contracts

Samples: Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO, Kayne Anderson MLP Investment CO

Defeasance and Discharge. Upon the Company’s 's exercise of the above option specified in Section 4.3 applicable to this Section 14.02 with respect to any the Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 4.6 are satisfied (hereinafter, “hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.7 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.053.5, 3.063.6, 10.02 9.2 and 10.039.3 and with respect to the payment of additional amounts, if any, payable with respect to such Securities as specified pursuant to Section 3.1(b)(16); (Ciii) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Div) this Article Fourteen4. Subject to compliance with this Article Fourteen4, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.5 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Trust Indenture (At&t Wireless Services Inc), Icos Corp / De, At&t Wireless Services Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 3.4, 3.06Section 3.5, 10.02 Section 3.6, Section 10.2 and 10.03Section 10.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.5, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.

Appears in 3 contracts

Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)

Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company and any other obligor upon the Securities shall be deemed to have paid and discharged the entire indebtedness Debt represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.

Appears in 3 contracts

Samples: Indenture (Park Place Entertainment Corp), Security Agreement (Park Place Entertainment Corp), Park Place Entertainment Corp

Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations Obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations 's Obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.

Appears in 3 contracts

Samples: Indenture (Golden Sky Systems Inc), Indenture (Golden Sky Systems Inc), Golden Sky DBS Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.052.07, 3.062.08, 10.02 2.09, 4.02 and 10.034.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Citizens & Northern Corp), Indenture (Raymond James Financial Inc), Indenture (Citizens & Northern Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option specified in Section 4.03 applicable to this Section 14.02 with respect to any the Securities of or within a any series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities on and any related coupons on after the date the conditions set forth in Section 14.04 4.06 are satisfied (hereinafter, “hereinafter "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.07 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.06(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of additional amounts, if any, payable with respect to such Securities as specified pursuant to Section 3.01; (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.05 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Securities Indenture (Western Wireless Corp), Securities Indenture (Western Wireless Corp), Nationwide Financial Services Inc/

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper such instruments reasonably requested by the Company acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.05Section 2.07, 3.06Section 2.08, 10.02 Section 2.09, Section 4.02 and 10.03Section 4.03 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Simmons First National Corp), Indenture (Simmons First National Corp), Indenture (Simmons First National Corp)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 3 contracts

Samples: Zymeworks Inc., Zymeworks Inc., Indenture (Pretium Resources Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.05Section 2.07, 3.06Section 2.08, 10.02 Section 2.09, Section 4.02 and 10.03Section 4.03 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Howard Bancorp Inc), Indenture (Howard Bancorp Inc), Howard Bancorp Inc

Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.

Appears in 3 contracts

Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 3 contracts

Samples: Indenture (Cendant Corp), Cendant Corp, Cendant Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any Securities series of or within a seriesSecurities, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, series which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1304 as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Brookdale Living Communities Inc, Monsanto Co, Monsanto Co

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSecurities, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 1104 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1105 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1104 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05207, 3.06209, 10.02 902 and 10.03903, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1103 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations and the provisions of Articles Twelve and Fourteen shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company or the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1503 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Brown Tom Inc /De, Brown Tom Inc /De

Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which that shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03, with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, and 10.03with respect to the Trustee under Section 6.06 and the Authenticating Agent under Section 6.11, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its the option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (Four Seasons Hotels Inc), Four Seasons Hotels Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 1302 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 1302 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 1302 on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such SectionSection 1305, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are duedue or on a Redemption Date, as the case may be, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 1302 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Directv), Indenture (Directv Holdings LLC)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 15.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 15.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 11.02 and 10.0311.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 11.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 15.03 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Uranium Energy Corp, Uranium Energy Corp

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (TAL International Group, Inc.), Indenture (TAL International Group, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to the Securities of such Securities and any related couponsseries.

Appears in 2 contracts

Samples: Indenture (Ambac Financial Group Inc), Indenture (Ambac Financial Group Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations under Section 607 and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 2 contracts

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

Defeasance and Discharge. Upon On and after the Company’s exercise of date on which the above option applicable to this conditions set forth in Section 14.02 407 are satisfied with respect to any the Securities of or within a any series, the Company shall be deemed to have paid and been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “hereinafter "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 408 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, upon payment of all amounts due it under Section 607, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), ) and (ii) the Guarantors shall be released from all of their obligations under their Senior Guarantees and under Article Fourteen of this Indenture except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 407(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06309, 10.02 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, payable with respect to such Securities as specified pursuant to clause (C13) of Section 301; (iii) the Company's obligations with respect to a conversion or exchange of such Securities; (iv) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dv) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option defease the Securities of any series under this Section 14.02 405 notwithstanding the a prior exercise of its option covenant defeasance (as defined herein) under Section 14.03 406 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Key Energy Services Inc), Key Energy Services Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option specified in Section 4.03 applicable to this Section 14.02 with respect to any the Securities of or within a any series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities on and any related coupons on after the date the conditions set forth in Section 14.04 4.06 are satisfied (hereinafter, hereinafter “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.07 and the other Sections of this Indenture referred to in clause (Aii) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund funds described in Section 14.04 4.06(a) and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (Bii) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of additional amounts, if any, payable with respect to such Securities as specified pursuant to Section 3.01; (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) this Article FourteenIV. Subject to compliance with this Article FourteenIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 4.05 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Nationwide Financial Services Inc/), Indenture (Nationwide Financial Services Inc/)

Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Debt Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Debt Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Debt Securities and any related coupons and this Indenture insofar as such Debt Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Debt Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 13.04 as more fully set forth in such Sectionsection, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Debt Securities and any related coupons when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Debt Securities under Sections 3.052.08, 3.062.09, 10.02 2.11, 3.02, 3.04 and 10.036.05 and such obligations as shall be ancillary thereto, (Cc) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees hereunder Trustee hereunder, (d) the Issuer's obligations with respect to a conversion or exchange of Debt Securities and (De) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company Issuer may exercise its option under this Section 14.02 13.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to the Debt Securities of such Securities and any related couponsseries.

Appears in 2 contracts

Samples: Indenture (Financial Security Assurance Holdings LTD/Ny/), Trust Indenture (Financial Security Assurance Holdings LTD/Ny/)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its their respective other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Order, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) ), and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s and Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.03Article Fourteen and with respect to the Trustee under Section 606, (C) the rights, powers, trusts, duties duties, and immunities of the Trustees Trustee hereunder including pursuant to Section 606 hereof and (D) this Article FourteenThirteen. Subject to compliance with this Article FourteenThirteen, the Company may exercise its option under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Anixter International Inc), Indenture (Anixter International Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, premium (and premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (Cc) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (Petro Canada), Precision Drilling Corp

Defeasance and Discharge. Upon the Company’s exercise In addition to discharge of the above option applicable Indenture pursuant to this Section 14.02 with respect to any Securities of or within a series401, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by on all the Securities of such Securities and any related coupons, which shall thereafter be deemed a series on the date of the deposit referred to be “Outstanding” only for the purposes in Clause (1) of Section 14.05 1304, and the other Sections provisions of this Indenture referred with respect to the Securities of such series shall no longer be in effect, (A) and except as to (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are duedue (other than by acceleration), (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and (C3) the rights, powers, trusts, obligations, duties and immunities of the Trustees hereunder Trustee hereunder), and the Trustee, at the expense of the Company, upon a Company Request, shall execute proper instruments acknowledging the same, if the applicable conditions set forth in Section 1304 are satisfied (D"Defeasance"). For this purpose, such Defeasance means that the Company (and any other obligor of the Securities of such series) shall be deemed to have paid and discharged the entire indebtedness represented by the Securities of such series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 1305 and the rights and obligations referred to in Clauses (1) through (3) (inclusive) of this Article FourteenSection 1302, and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (Encana Corp), Indenture (Thomson Reuters Corp /Can/)

Defeasance and Discharge. Upon the Company’s Bank's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company Bank shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Bank shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyBank, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s Bank's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company Bank may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Royal Bank of Canada \), Royal Bank of Canada \

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 applied to any applicable series of Securities or any Securities of such series, as the case may be, the Company and the Guarantors (with respect to any Securities of or within a series, the Company Guaranteed Securities) shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantors (with respect to Guaranteed Securities) shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's obligations with respect to such Securities and the Guarantors' obligations with respect to Guaranteed Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenThirteen. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 1302 applied to any applicable Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: SSL South, LLC, SSL South, LLC

Defeasance and Discharge. Upon the Company’s exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company Company, each Guarantor and any other obligor upon the Securities, if any, shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 4.04 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Company, each Guarantor, if any, and any other obligor under this Indenture shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on on, such Securities and any related coupons Securities, when such payments are due, (Bb) the Company’s obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.063.08, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee’s rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.

Appears in 2 contracts

Samples: Power Solutions International, Inc., Spartan Stores Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 14.5 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.8 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder including Section 6.6 and the penultimate paragraph of Section 14.5 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 14.2 notwithstanding the prior exercise of its option under Section 14.03 14.3 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Hologic Inc, Hologic Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, the Company and the Guarantor shall be deemed to have been discharged from its their obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its their other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCompany and the Guarantor, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's and the Guarantor's obligations with respect to such Securities respectively under Sections 3.05304, 3.06305, 10.02 306, 307, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company or the Guarantor may exercise its option under their options (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under their respective options (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Coca-Cola Hellenic Bottling Co Sa), Indenture (Coca-Cola Hellenic Bottling Co Sa)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 1402 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section 1402, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such SectionSection 1404, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, ; (B) the Company’s obligations with respect to such Securities under Sections 3.05Section 305, 3.06Section 306, 10.02 Section 1002 and 10.03Section 1003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1004; (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Suro Capital Corp.), Indenture (GSV Capital Corp.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1504 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1505 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (CCC Capital Trust Ii), Cablevision Systems Corp

Defeasance and Discharge. Upon the Company’s 's exercise ------------------------ of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1010, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (United Technologies Corp /De/), United Technologies Corp /De/

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsSecurities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Eldorado Gold Corp /Fi, Ascend Wellness Holdings, Inc.

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Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and, if the Securities of such series are subordinated to any other obligations of the Company as contemplated by Section 3.1(s), provisions with respect to the subordination of such Securities shall cease to be effective, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bii) the Company’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities or any series of Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Interoil Corp), Indenture (Interoil Corp)

Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 14.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the CompanyIssuer’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 11.2 and 10.0311.3, (C3) the rights, powers, trusts, duties and immunities of the Trustees hereunder hereunder, and (D4) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 14.3 applied to such Securities Securities. Upon the completion of any Defeasance in respect of any Securities, the Company shall be deemed to have been unconditionally and irrevocably released from all obligations under this Indenture in respect of such Securities, without the need for any related couponsnotice, document or action.

Appears in 2 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Brookfield Asset Management Inc.

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons (i) to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofprincipal, premium (premium, if any) , and interest (interest, if any) , on such Securities and any related coupons when such payments are due, and (ii) to receive shares of common stock or other Securities from the Company upon the conversion of any convertible securities issued hereunder, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.063.07, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (Estee Lauder Companies Inc), Hughes Electronics Corp

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities, any tranche of Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities, any tranche of Securities or any series of Securities, as the case may be, each of the Company and the Guarantor shall be deemed to have been discharged from its obligations with respect to such Securities and any related coupons the Guarantee applicable thereto, as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Nomura America Finance, LLC), Nomura America Finance, LLC

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable to have this Section 14.02 with respect 13.2 applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company and the Guarantor shall each be deemed to have been discharged from its their respective obligations with respect to such Securities or series of Securities as provided in this Section 13.2 on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bii) the Company’s respective obligations of the Company and the Guarantor with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 10.2 and 10.0310.3, (Ciii) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (Div) the provisions set forth in this Article FourteenThirteen. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 13.2 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Embraer Netherlands Finance B.V., Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.. 103

Appears in 2 contracts

Samples: Cablevision Systems Corp, CSC Holdings Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable to have this Section 14.02 with respect applied to any series of Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series, and any related coupons the provisions of Article Thirteen hereof shall cease to be effective, on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by and obligations under the Outstanding Securities of such Securities and any related coupons, series which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1504 as more fully set forth in such Section, payments in respect of the principal ofof 92 (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, and (B) the Company’s 's obligations with respect to such Securities under Sections 3.05305, 3.06306, 10.02 1002 and 10.03, (C) the rights, powers, trusts, duties 1003 and immunities of the Trustees hereunder and (D) this Article Fourteensuch obligations as shall be ancillary thereto. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 1503 with respect to the Securities of such series. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Eg&g Inc, Eg&g Inc

Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Fairfax Financial Holdings LTD/ Can), Fairfax Financial Holdings LTD/ Can

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee and the Securities Administrator, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustees Trustee and the Securities Administrator hereunder and (Dd) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: OM Asset Management PLC, OM Asset Management PLC

Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A), (B) and (BC) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 603, 615, 1002, 1003 and 10.031009, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 2 contracts

Samples: Indenture (Nutrien Ltd.), Indenture (Nutrien Ltd.)

Defeasance and Discharge. Upon the Company’s ’ s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.04, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (THL Credit, Inc.), Horizon Technology Finance Corp

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable its option, if any, to have this Section 14.02 with respect 13.2 applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section 13.2 shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section 13.2 on and any related coupons on after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company (or the Guarantor) shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such SectionSection 13.5, payments in respect of the principal ofof and premium, premium (if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.05Section 3.4, 3.06Section 3.5, 10.02 Section 3.6, Section 10.2 and 10.03Section 10.3, (C3) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including the Company’s obligations under Section 6.7 and (D4) this Article FourteenXIII. Subject to compliance with this Article FourteenXIII, the Company may exercise its option under option, if any, to have this Section 14.02 13.2 applied to the Securities of any series notwithstanding the prior exercise of its option under option, if any, to have Section 14.03 with respect 13.3 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (Chevron Corp), Indenture (Chevron Usa Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable its right to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, (i) payments in respect of the principal of, of and any premium (if any) and interest (if any) on the Outstanding Securities on the Stated Maturity of such Securities principal or installment of principal of and any related coupons when premium or interest and (ii) the benefit of any mandatory sinking fund payments applicable to the Securities on the day on which such payments are duedue and payable in accordance with the terms of this Indenture and the Securities, (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (Dd) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under to have Section 14.03 with respect 13.03 applied to such Securities and any related couponssecurities.

Appears in 2 contracts

Samples: Indenture (Fluor Corp), Fluor Corp/De/

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable Subject to this Section 14.02 with respect to any Securities of or within a series14.05, the Company shall may cause itself to be deemed to have been discharged from its obligations with respect to such the Outstanding Securities of any series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied but subject to satisfaction of the conditions subsequent set forth below (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.052.07, 3.062.08, 10.02 2.09, 4.02 and 10.034.03 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and (D) this Article Fourteen14. Subject to compliance with this Article Fourteen14, defeasance with respect to the Securities of a series by the Company may exercise its option is permitted under this Section 14.02 notwithstanding the prior exercise of its option rights under Section 14.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Biomimetic Therapeutics, Inc.), Indenture (Biomimetic Therapeutics, Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of Securities, as the case may be, or within a seriesif this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, the Company shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, hereinafter called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections Section 3.04, Section 3.05, Section 3.06, Section 10.02 and Section 10.03, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to the Securities of any series, notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 13.03 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital Strategies LTD)

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantee of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 15.4 are satisfied (hereinafter, herein called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s and each Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.053.4, 3.063.5, 10.02 3.6, 10.2 and 10.0310.3, and, if applicable, their obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 15.3 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: California Resources Real Estate Ventures, LLC, California Resources Production Corp

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.03 with respect to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Electrovaya Inc., Colliers International Group Inc.

Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (D) this Article FourteenXII. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.

Appears in 2 contracts

Samples: Indenture (IVZ Inc), Indenture (IVZ Inc)

Defeasance and Discharge. Upon the Company’s exercise under Section 12.01 of the above option applicable to this Section 14.02 12.02 with respect to any the Securities of or within a any series, the Company and the Guarantors shall be deemed to have been discharged from its their obligations with respect to all Outstanding Securities of such Securities and any related coupons series on the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related couponsseries, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 12.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal of, premium (if any) of and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 3.07 and 10.03, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and Trustee hereunder, (D) this Article FourteenXII and (E) the Company’s obligation to pay Additional Amounts under Section 10.04. Subject to compliance with this Article FourteenXII, the Company may exercise its option under this Section 14.02 12.02 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 14.03 12.03 with respect to the Securities of such Securities and any related couponsseries.

Appears in 2 contracts

Samples: Indenture (Amvescap PLC/London/), Indenture (INVESCO North American Holdings, Inc.)

Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 10.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 10.4 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.052.8, 3.062.9, 10.02 2.11, 3.2 and 10.033.4, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder; and (Dd) this Article FourteenArticle; and (e) any payment obligations in respect of Securities of such series and any related coupons which are deemed not to be Outstanding under clause (c) of the definition thereof if such obligations continue to be valid obligations of the Company under applicable law. Subject to compliance with this Article FourteenArticle, the Company Issuer may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 10.3 applied to such Securities and any related couponsSecurities.

Appears in 2 contracts

Samples: Indenture (General Mills Inc), Indenture (General Mills Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities series on and any related coupons on after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described in Section 14.04 and 1305 as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031004 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustees Trustee hereunder and the Company's obligations in connection therewith, and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 1303 with respect to the Securities of such series. Following a defeasance, payment of the Securities and any related couponsof such series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Wellman Inc, Wellman Inc

Defeasance and Discharge. Upon the Company’s exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations, and each Subsidiary Guarantor shall be deemed to have been discharged from its obligations with respect to its Subsidiary Guarantee of such Securities Securities, as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, herein called defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, or, if applicable, to convert such Securities in accordance with their terms, (B2) the Company’s and each Subsidiary Guarantor’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and, if applicable, their obligations with respect to the conversion of such Securities, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 1 contract

Samples: EXCO Holding MLP, Inc.

Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 1501 applicable to this Section 14.02 with respect to any Securities of or within a seriesSection, the Company shall be deemed to have been discharged from its obligations with respect to such Securities the Outstanding Securities, each Subsidiary Guarantor shall have been deemed to have been discharged from its obligations with respect to its Subsidiary Guarantee and any related coupons the provisions of Article Twelve and Article Fourteen hereof shall cease to be effective, on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that (i) the Company shall be deemed to have paid and discharged the entire indebtedness represented by such the Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), and (ii) the Subsidiary Guarantors shall each be released from their respective Subsidiary Guarantees, except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1504 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's and each Subsidiary Guarantor's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenFifteen. Subject to compliance with this Article FourteenFifteen, the Company may exercise its option under this Section 14.02 1502 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons1503.

Appears in 1 contract

Samples: Indenture (Pathology Building Partnership)

Defeasance and Discharge. Upon the Company’s exercise by the Company of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, respectively, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 13.5 and the other Sections provisions of this Indenture referred to in (A), (B), (C) and (BD) below, and to have satisfied all of its their other obligations under such Securities and any related coupons coupons, respectively, and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s and the Trustee’s obligations with respect to such Securities under Sections 3.05Section 1.13, 3.06Section 1.14, 10.02 Section 3.4, Section 3.5, Section 3.6, Section 9.2 and 10.03Section 9.3 (and any applicable provisions of Article 10), (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen13. Subject to compliance with this Article Fourteen13, the Company may exercise its option under this Section 14.02 13.2 notwithstanding the prior exercise of its the option under Section 14.03 13.3 with respect to such Securities and any related coupons.

Appears in 1 contract

Samples: Indenture (VIQ Solutions Inc.)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 1 contract

Samples: Encana Corp

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities on and any related coupons on after the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) belowof this Section 14.02, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such 72 Securities under Sections 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.04, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenXIV. Subject to compliance with this Article FourteenXIV, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities. Following a defeasance, payment of such Securities and any related couponsmay not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Morgan Stanley Direct Lending Fund

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Securities and any related coupons the Guarantees as provided in this Section on and after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”hereinafter called "DEFEASANCE"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Guarantees and to have satisfied all of its their other obligations under such Securities and any related coupons Guarantees and this Indenture insofar as such Securities and any related coupons Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's and the Guarantor's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to such Securities and Guarantees notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1403 applied to such Securities and any related couponsGuarantees.

Appears in 1 contract

Samples: Indenture (Bowater Inc)

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable provided in Section 1301 to this Section 14.02 with respect to any defease the Outstanding Securities of or within a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such Securities and any related coupons series on the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means Defeasance shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, series and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same); PROVIDED, except for HOWEVER, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such Securities and any related coupons series to receive, solely from the trust fund described provided for in Section 14.04 and as more fully set forth in such Section1304, payments in respect of the principal ofof (and premium and other amounts, premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05303, 3.06305, 10.02 306, 307, 701, 702, 1001, 1002, the last paragraph of Section 1003, Sections 1305 and 10.031306 as well as any obligation under the terms of the Securities of such series to maintain a registrar or paying agent, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company's obligations with respect therewith, and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its their option with respect to defeasance under this Section 14.02 1302 notwithstanding the prior exercise of its option under Section 14.03 with respect to covenant defeasance under Section 1303 in regard to the Securities of such Securities and any related couponsseries.

Appears in 1 contract

Samples: Senior Indenture (Universal American Financial Corp)

Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, and, upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee, the Paying Agent and the Registrar hereunder, including, without limitation, the Trustee's rights under Section 6.07, and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.

Appears in 1 contract

Samples: Indenture (Optel Inc)

Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in clauses (A), (B) and (BC) below, and to have satisfied all of its other obligations under such 87 Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002, 1003 and 10.031012, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 1 contract

Samples: Indenture (Agrium Inc)

Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series4.02, the Company shall be 51 -44- deemed to have been discharged from its obligations with respect to such the Defeased Securities and any related coupons on the date the conditions set forth in Section 14.04 below are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Defeased Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 4.05 and the other Sections of this Indenture referred to in (Aa) and (Bb) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, and, upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of such Defeased Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 4.04 and as more fully set forth in such Section, payments in respect of the principal of, premium (premium, if any) , and interest (if any) on such Securities and any related coupons when such payments are due, (Bb) the Company’s 's obligations with respect to such Defeased Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (Cc) the rights, powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, including, without limitation, the Trustee's rights under Section 6.07 and (Dd) this Article FourteenFour. Subject to compliance with this Article FourteenFour, the Company may exercise its option under this Section 14.02 4.02 notwithstanding the prior exercise of its option under Section 14.03 4.03 with respect to such Securities and any related couponsthe Securities.

Appears in 1 contract

Samples: Westpoint Stevens Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable (if any) to have this Section 14.02 with respect applied to any Securities and their related Guarantees or any series of or within a seriesSecurities and their related Guarantees, as the case may be, the Company and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to such Securities and any related coupons Guarantees as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and the Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, Guarantees and to have satisfied all of its their other obligations under such Securities and any related coupons Guarantees and this Indenture insofar as such Securities and any related coupons Guarantees are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute on Company Order proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities and any related coupons when such payments are due, (B2) the Company’s 's and the Guarantor's obligations with respect to such Securities under Sections 3.05304, 3.06305 and 306, 10.02 and 10.03the Company's obligations with respect to such Securities under Sections 1002 and 1003, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company or the Guarantor may exercise its option under (if any) to have this Section 14.02 applied to any Securities and their related Guarantees notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any their related couponsGuarantees.

Appears in 1 contract

Samples: Sprint Capital Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”"Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium or Make-Whole Amount, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05, 3.06, 10.02 and 10.03, and the Company's obligations under Section 606 hereof (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.

Appears in 1 contract

Samples: Boston Private Financial Holdings Inc

Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a any series, the Company Issuer shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 13.5 and the other Sections of this Indenture referred to in clauses (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 15.4 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s Issuer's obligations with respect to such Securities under Sections 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.4, (C) the rightsrights , powers, trusts, duties and immunities of the Trustees hereunder Trustee hereunder, and (D) this Article FourteenArticle. Subject to compliance with this Article Fourteen13, the Company Issuer may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 13.3 with respect to such Securities and any related couponsSecurities.

Appears in 1 contract

Samples: Indenture (Kimco Realty Corp)

Defeasance and Discharge. Upon the CompanyCorporation’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company Corporation shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Corporation shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsOutstanding Securities, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the CompanyCorporation, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the CompanyCorporation’s obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Corporation’s obligation under Section 6.07 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company Corporation may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related couponsSecurities.

Appears in 1 contract

Samples: Ovintiv Inc.

Defeasance and Discharge. Upon the Company’s 's exercise of the above its option applicable (if any) to have this Section 14.02 with respect applied to any Securities or any series of or within a seriesSecurities, as the case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen shall cease to be effective with respect to such Securities as provided in this Section on and any related coupons on after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of such Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1304 and as more fully set forth in such Section, payments in respect of the principal of, of and any premium (if any) and interest (if any) on such Securities when payments are due and any related coupons when rights of such payments are dueHolder to convert such Securities as provided herein, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003, and with respect to the Trustee under Section 607 and with respect to any rights to convert such Securities as provided herein, (C3) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D4) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under (if any) to have this Section 14.02 applied to any Securities notwithstanding the prior exercise of its option under (if any) to have Section 14.03 with respect 1303 applied to such Securities and any related couponsSecurities.

Appears in 1 contract

Samples: Pinnacle West Capital Corp

Defeasance and Discharge. Upon the Company’s 's exercise under Section 1201 of the above option applicable to this Section 14.02 with respect to any Securities of or within a series1202, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its their obligations with respect to such all Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities and any related couponsthe Outstanding Securities, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 1205 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, receive payments in respect of the principal ofof (and premium, premium (if any, on) and interest (if any) on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 308, 1002 and 10.031003, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and (D) this Article FourteenTwelve. Subject to compliance with this Article FourteenTwelve, the Company may exercise its option under this Section 14.02 1202 notwithstanding the prior exercise of its option under Section 14.03 1203 with respect to such Securities and any related couponsthe Securities.

Appears in 1 contract

Samples: Breed Technologies Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 are satisfied (hereinafter, "defeasance"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 14.05 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the Trustees, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) , on such Securities and any related coupons when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.0310.03 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.05, (C) the rights, powers, trusts, duties and immunities of the Trustees hereunder and (D) this Article FourteenArticle. Subject to compliance with this Article FourteenArticle, the Company may exercise its option under this Section 14.02 notwithstanding the prior exercise of its option under Section 14.03 with respect to such Securities and any related coupons.

Appears in 1 contract

Samples: Vasogen Inc

Defeasance and Discharge. Upon the Company’s exercise of the above option applicable to this Section 14.02 with respect to any Securities of or within a series, the Company shall be deemed to have been discharged from its obligations with respect to such Outstanding Securities and any related coupons on the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Outstanding Securities and any related coupons, which shall thereafter be deemed to be “Outstanding” only for the purposes of Section 14.05 1405 and the other Sections of this Indenture referred to in (A) and (B) below, and to have satisfied all of its other obligations under such Securities and any related coupons and this Indenture insofar as such Securities and any related coupons are concerned (and the TrusteesTrustee, at the expense of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of such Outstanding Securities and any related coupons to receive, solely from the trust fund described in Section 14.04 1404 and as more fully set forth in such Section, payments in respect of the principal ofof (and premium, premium (if any) and interest (interest, if any) on , on, such Securities and any related coupons when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.05304, 3.06305, 10.02 306, 1002 and 10.031003 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 1005, (C) the rights, powers, trusts, duties and immunities of the Trustees Trustee hereunder and the Company’s obligation under Section 607 and (D) this Article Fourteen. Subject to compliance with this Article Fourteen, the Company may exercise its option under this Section 14.02 1402 notwithstanding the prior exercise of its option under Section 14.03 1403 with respect to such Securities and any related coupons.

Appears in 1 contract

Samples: Encana Corp

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