Common use of Defeasance and Discharge Clause in Contracts

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 7 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

AutoNDA by SimpleDocs

Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Notes, the Company Issuer and the Guarantors shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such series hereunder as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Legal Defeasance”). For this purpose, such Legal Defeasance means that the Company Issuer and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and the Guarantees and to have satisfied all its their other respective obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, upon Issuer Request and at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject and the Indenture shall cease to be of further effect as to all Outstanding Notes and all Guarantees, except as to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series the Notes 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 and any premium of, and interest on such Securities of such series and premium, if any, on, the Notes when payments are due, (2) the CompanyIssuer’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031004(a) and its obligations under Section 314(a) of the Trust Indenture Act, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the obligations of the Issuer and the Guarantors in connection therewith and (4) this Article XIVArticle. If the Issuer exercises its defeasance option pursuant to this Section 1302, the payment of the defeased Notes may not be accelerated pursuant to Section 502 because of an Event of Default. Subject to compliance with this Article XIVArticle, the Company Issuer may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series Notes notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultNotes.

Appears in 7 contracts

Samples: Indenture (Weatherford International PLC), Indenture (Weatherford Irish Holdings Ltd.), Indenture (Weatherford Oil Tool GmbH)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 [the covenant requiring the Company to maintain an office or agency for the payment of Securities] and 10.03[the covenant requiring the Company to hold in trust funds for the payment of Securities], (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 5 contracts

Samples: Indenture (Aqua America Inc), Philadelphia Suburban Corp, Aqua America Inc

Defeasance and Discharge. Upon the Company’s exercise of the Issuers’ option provided in Section 14.01 (if any) to have this Section 14.02 applied to any Securities or any series of Securities, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding such Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company Issuers and the Guarantors of the Securities shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its their other respective obligations under the such Securities of such series and this Indenture insofar as the such Securities of or such series Guarantees are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities of such series to receive, solely from the trust fund described in Section 14.04 1304(1) and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to of the Issuers and the Guarantors of the Securities of such series with respect to such Securities under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company Issuers may exercise its the Issuers’ option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding any Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 1303 applied to such Securities. Upon the Outstanding 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. Following a Defeasance, payment without any action by the Issuers, any Guarantor or the Trustee and without the consent of such Securities may not be accelerated because the Holders of an Event of Defaultany Securities.

Appears in 5 contracts

Samples: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp), Indenture (Genesis Free State Holdings, LLC)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.015.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 5.02 on and after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 6.02, 6.03, and 10.0310.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIV. V. Subject to compliance with this Article XIVV, the Company may exercise its option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 5.01 to have Section 14.03 5.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 5 contracts

Samples: Louisiana Pacific Corp, Louisiana Pacific Corp, Dow Corning Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 11.01 hereof to have this Section 14.02 11.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 11.02 on and after the date the conditions set forth in Section 14.04 11.04 hereof are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Securities of such series series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 11.05 hereof and the other Sections of this Indenture referred to in (i) and (ii) below, and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Outstanding Securities of such series to receive, receive solely from the trust fund described in Section 14.04 11.04 hereof and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2ii) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 6.02 and 10.036.04 hereof, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4iv) this Article XIV11. Subject to compliance with this Article XIV11, the Company may exercise its option provided in Section 14.01 11.01 hereof to have this Section 14.02 11.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 11.01 hereof to have Section 14.03 11.03 hereof applied to the such Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 5 contracts

Samples: Indenture (U S Home Corp /De/), U S Home Corp /De/, U S Home Corp /De/

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 15.01 to have this Section 14.02 15.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series and any related coupons as provided in this Section on and after the date the conditions set forth in Section 14.04 15.04 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 (and any premium premium, if any) and interest interest, if any, on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 10.02, 10.03 and 10.03any additional amounts under Section 10.05, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder including, but not limited to, pursuant to Section 6.07 and (4) this Article XIVFifteen. Subject to compliance with this Article XIVFifteen, the Company may exercise its option provided in Section 14.01 15.01 to have this Section 14.02 15.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 15.01 to have Section 14.03 15.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Defaultseries and any related coupons.

Appears in 4 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 4 contracts

Samples: Indenture (Jefferies Group Inc /De/), Indenture (Jefferies Group Inc /De/), Jefferies Group Inc /De/

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 [the covenant requiring the Company to maintain an office or agency for the payment of Securities] and 10.03[the covenant requiring the Company to hold in trust funds for the payment of Securities], (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Aqua America Inc), Aqua America Inc, Aqua America Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the with respect to such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the samesame provided to it by the Company), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: New York Times Co, New York Times Co, RCC Western Stores, Inc.

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Wesbanco Inc), Indenture (Wesbanco Inc), Wesbanco Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall deliver to the Company appropriate instruments of satisfaction, discharge and release (such instruments to be in form and substance reasonably satisfactory to the Trustee). 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments (such instruments to be in form and substance reasonably satisfactory to the Trustee) acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (BMP Sunstone CORP), BMP Sunstone CORP, BMP Sunstone CORP

Defeasance and Discharge. Upon The Issuer and the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company Guarantors shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such series any Defeasible Series, as provided in this Section 1202 on and after the date the applicable conditions set forth in Section 14.04 1204 are satisfied (hereinafter called “Defeasance”)) with respect to such Securities. For this purpose, such Defeasance means that the Company Issuer and the Guarantors shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its their other respective obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the written request and expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and of, any premium and interest on and Additional Amounts on, such Securities of such series when payments are due, (2) the CompanyIssuer’s and the Guarantors’ obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003, 1007 (to the extent then unknown) and 10.031012, (3) the rightsrights (including without limitation, the rights set forth in Section 607), powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company Issuer or the Guarantors may exercise its option provided in Section 14.01 defease any Securities pursuant to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment Covenant Defeasance of such Securities may not be accelerated because of an Event of Defaultpursuant to Section 1203.

Appears in 3 contracts

Samples: Indenture (WPP PLC), Indenture (WPP Finance 2010), Indenture (WPP Air 1 LTD)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 14.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium and other amounts, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s Issuers' obligations with respect to such Securities under Sections 3.03, 3.05, 3.06, 3.07, 7.01, 7.02, 10.01, 10.02, the last paragraph of Section 10.05, Sections 13.05 and 13.06 as well as any obligation under the terms of the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03to maintain a registrar or paying agent, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers' obligations with respect therewith, and (4D) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company Issuers may exercise its their option provided in Section 14.01 with respect to have defeasance under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided with respect to covenant defeasance under Section 13.03 in Section 14.01 to have Section 14.03 applied regard to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Meristar Hospitality Operating Partnership Lp), Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Meristar Hospitality Operating Partnership Lp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, 42 powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (GFL Environmental Inc.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such any series as provided in this Section on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such 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 of and any premium and interest on such the Securities of such series when such payments are due, (2B) the Company’s 's and the Subsidiary Guarantors' respective obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031004, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 3 contracts

Samples: NGC Corp, NGC Corp, NGC Corp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall execute appropriate instruments of satisfaction, discharge and release provided to it by the Company. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Church & Dwight Co Inc /De/), Indenture (Church & Dwight Co Inc /De/), Church & Dwight Co Inc /De/

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.015.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 5.02 on and after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Securities of such series under Sections 3.042.05,2.06,2.07, 3.056.02, 3.066.03, 10.02 and 10.0310.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIV. V. Subject to compliance with this Article XIVV, the Company may exercise its option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 5.01 to have Section 14.03 5.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: TrueBlue, Inc., Nanogen Inc, Avnet Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “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 series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, due (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Supplemental Indenture (Albertsons Companies, Inc.), Supplemental Indenture (Safeway Stores 42, Inc.), Supplemental Indenture (Albertsons Companies, Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.015.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 5.02 on and after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 6.02, 6.03, and 10.0311.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIV. V. Subject to compliance with this Article XIVV, the Company may exercise its option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 5.01 to have Section 14.03 5.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 3 contracts

Samples: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co), MFN Financial Corp

Defeasance and Discharge. Upon the Company’s exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series of Securities as provided in this Section on and after the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series of Securities and this Indenture insofar as the Securities of such series of Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series of Securities to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Securities of such series of Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 12.03 applied to the Outstanding Securities such series of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 2 contracts

Samples: Indenture (Retirement Inns of America, Inc.), Indenture (Avon Products Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the request and expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)

Defeasance and Discharge. Upon the Company’s Issuers’ exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s Issuers’ obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company Issuers may exercise its their option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its their option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Amerigas Finance Corp), Indenture (Amerigas Finance Corp)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 10.6(d) by a holder of Preferred Securities as a result of a Significant Event which occurs on or prior to the expiration of the No Call Period, to have this Section 14.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Securities, the Company shall, within thirty (30) days following its receipt of the Significant Event Election satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in the Section 14.04 13.2 are satisfied (hereinafter called “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 series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, upon Company Request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of the Securities of such series to receive, solely from the trust fund described in Section 14.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.042.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.03any additional Tax Sums under Section 10.5, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultXIII.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Resource Capital Corp.), Resource Capital Corp.

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Nabors Industries Inc, Nabors Industries Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to the Outstanding Securities of such series and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to their Subsidiary Guarantees for such Outstanding Securities, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”)) and the Trustee shall deliver to the Company and the Subsidiary Guarantors appropriate instruments of satisfaction, discharge and release. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture, and the Subsidiary Guarantors shall be deemed to have satisfied all of their obligations under their Subsidiary Guarantees and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Teucarrier (No. 3) Corp.), Indenture (Neutron Marine Corp.)

Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and 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 called hereinafter, 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 the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series 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 (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the CompanyIssuer’s obligations with respect to the such Securities of such series under Sections Section 3.04, Section 3.05, Section 3.06, Section 10.02 and 10.03Section 10.03 and such obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (4D) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company Issuer may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 13.03 with respect to the Outstanding Securities of such series. Following a Defeasancedefeasance, payment of the Securities of such Securities series may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Share Repurchase Agreement (American International Group Inc), Supplemental Indenture (AerCap Global Aviation Trust)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Second Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 2 contracts

Samples: Kroger Co, Kroger Co

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIII shall cease to be effective, with respect to the Outstanding Securities of such series and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to their Subsidiary Guarantees for such Outstanding Securities, as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called "Defeasance"), and the Trustee shall deliver to the Company and the Subsidiary Guarantors appropriate instruments of satisfaction, discharge and release. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture, and the Subsidiary Guarantors shall be deemed to have satisfied all of their obligations under their Subsidiary Guarantees and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.)

Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company Issuer and the Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such any series as provided in this Section and the related obligations of the Guarantor under the Guarantee on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called hereinafter, 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 the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such 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 of and any premium and interest on such the Securities of such series when such payments are due, (2B) the CompanyIssuer’s obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company Issuer may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 2 contracts

Samples: Indenture (BlackRock Funding, Inc. /DE), BlackRock Inc.

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Fifteenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 2 contracts

Samples: Fifteenth Supplemental Indenture (Kroger Co), Fifteenth Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Fourteenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 2 contracts

Samples: Fourteenth Supplemental Indenture (Kroger Co), Fourteenth Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series or Tranche, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section or Tranche on and after the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series or Tranche and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series or Tranche 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 of (and any premium premium, if any) and interest interest, if any, on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031008, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 with respect to have Defeasance under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided with respect to Xxxxxxxx Xxxxxxxxxx under Section 1303 in Section 14.01 to have Section 14.03 applied regard to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Defaultseries or Tranche.

Appears in 2 contracts

Samples: Public Service Co of Colorado, Public Service Co of Colorado

Defeasance and Discharge. Upon the Company’s exercise under Section 1301 of the its option provided in Section 14.01 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series a particular series (as a whole and subject to the proviso to Section 14.01not in part), the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”), and thereafter such Securities shall not be subject to redemption pursuant thereto. For this purpose, such Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of the Outstanding Securities of such series to receive, solely from the trust fund described in Section 14.04 1305 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series such series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of the Securities of such Securities series may not be accelerated because of the occurrence and continuance of an Event of Default.

Appears in 2 contracts

Samples: Nextel Communications Inc, Nextel Communications Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied with respect to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such 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 of and any premium and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of under Section 304, 305, 306, 607, 1002 and 1003 and such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (4D) this Article XIVFifteen. Subject to compliance with this Article XIVFifteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1502 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 1503 with respect to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Richfood Holdings Inc), Richfood Holdings Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to the Outstanding Securities of such series and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to their Subsidiary Guarantees for such Outstanding Securities, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called "Defeasance”)") and the Trustee shall deliver to the Company and the Subsidiary Guarantors appropriate instruments of satisfaction, discharge and release. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture, and the Subsidiary Guarantors shall be deemed to have satisfied all of their obligations under their Subsidiary Guarantees and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Top Tankers Inc., Intermagnetics General Corp

Defeasance and Discharge. Upon The Company and the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such series any Defeasible Series, as provided in this Section 1302 on and after the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”)) with respect to such Securities. 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 series and to have satisfied all its their other respective obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s and the Guarantor’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031007 (to the extent then unknown), (3) the rightsrights (including without limitation, the rights set forth in Section 607), powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company or the Guarantor may exercise its option provided in Section 14.01 defease any Securities pursuant to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment Covenant Defeasance of such Securities may not be accelerated because of an Event of Defaultpursuant to Section 1303.

Appears in 2 contracts

Samples: Indenture (Rinker Group LTD), Indenture (Rinker Group LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Thirteenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 2 contracts

Samples: Thirteenth Supplemental Indenture (Kroger Co), Thirteenth Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s exercise of the option provided set forth in Section 14.01 11.02 and satisfaction of the conditions to have this defeasance set forth in Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0111.05, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 14.04 11.05 and as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2b) the Company’s obligations with respect to the such Securities of such series under Sections 3.042.04, 3.052.05, 3.062.06, 10.02 5.02 and 10.035.03, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 2.05, 2.06, 2.07, 2.08, 2.09, 5.03(e), 8.03, 8.07 and 11.06 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4d) this Article XIVSections 11.03, 11.04, 11.05 and 11.06. Subject to compliance with this Article XIVSections 11.03, 11.04, 11.05 and 11.06, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 11.03 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 11.04 with respect to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (Elanco Animal Health Inc), Zoetis Inc.

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 6.01 to have this Section 14.02 6.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.016.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 6.02 on and after the date the conditions set forth in Section 14.04 6.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 6.04 and as more fully set forth in such SectionSection 6.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 7.02, 7.03, and 10.0312.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIVVI. Subject to compliance with this Article XIVVI, the Company may exercise its option provided in Section 14.01 6.01 to have this Section 14.02 6.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 6.01 to have Section 14.03 6.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Indenture (MFN Financial Corp), Indenture (Mercury Finance Co)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 ‎Section 1201 to have this Section 14.02 ‎Section 1202 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, 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 the Outstanding Securities of such series as provided in this Section ‎Section 1202 on and after the date the conditions set forth in Section 14.04 ‎Section 1204 are satisfied (hereinafter called “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 series and to have satisfied all its of the Company’s other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 ‎Section 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04‎304, 3.05‎305, 3.06‎306, 10.02 ‎1002 and 10.03‎1003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under ‎Section 607 and (4) this Article XIV‎Article Twelve. Subject to compliance with this Article XIV‎Article Twelve, the Company may exercise its option provided in Section 14.01 ‎Section 1201 to have this Section 14.02 ‎Section 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 ‎Section 1201 to have Section 14.03 ‎Section 1203 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 2 contracts

Samples: Aetna Inc /Pa/, Aetna Inc /Pa/

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIII shall cease to be effective, with respect to the Outstanding Securities of such series and the Subsidiary Guarantors shall be deemed to have been discharged from their obligations with respect to their Subsidiary Guarantees for such Outstanding Securities, as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall deliver to the Company and the Subsidiary Guarantors appropriate instruments of satisfaction, discharge and release. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture, and the Subsidiary Guarantors shall be deemed to have satisfied all of their obligations under their Subsidiary Guarantees and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Neutron Marine Corp.

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 14.1 applicable to have this Section 14.02 applied with respect to the Outstanding any Debt Securities of any Defeasible Series and subject to the proviso to Section 14.01or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the such Outstanding Debt Securities of such series as provided in this Section and any related coupons on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the such Outstanding Debt Securities of such series and any related coupons and to have satisfied all its other obligations under the such Debt Securities of such series and any related coupons and this Indenture insofar as the such Debt Securities of such series and any related coupons are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Debt Securities of such series and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 hereof and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, on and interest on such Debt Securities of and any related coupons when such series when payments are due, (2b) the Company’s 's obligations with respect to the such Debt Securities of such series and any related coupons under Sections 3.043.5, 3.053.9, 3.063.10, 10.02 4.2 and 10.0311.4 hereof, (3c) the Company's obligations to effect a registered exchange offer or a private exchange offer, (d) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4e) this Article XIVFourteen. Subject to compliance with this Article XIVFourteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 14.2 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default14.3.

Appears in 1 contract

Samples: Second Supplemental Indenture (Multicanal Sa)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 ‎Section 1201 to have this Section 14.02 ‎Section 1202 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section ‎Section 1202 on and after the date the conditions set forth in Section 14.04 ‎Section 1204 are satisfied (hereinafter called “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 series and to have satisfied all its of the Company’s other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 ‎Section 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2ii) the Company’s obligations with respect to the Securities of such series under Sections 3.04‎304, 3.05‎305, 3.06‎306, 10.02 ‎1002 and 10.03‎1003, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under ‎Section 607 and (4iv) this Article XIV‎Article Twelve. Subject to compliance with this Article XIV‎Article Twelve, the Company may exercise its option provided in Section 14.01 ‎Section 1201 to have this Section 14.02 ‎Section 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 ‎Section 1201 to have Section 14.03 ‎Section 1203 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Senior Indenture (Aetna Inc /Pa/)

Defeasance and Discharge. Upon the Company’s exercise of the its option provided in Section 14.01 to have this Section 14.02 13.2 applied to any Securities or any series of Securities, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company and the Guarantor shall each be deemed to have been discharged from its their respective obligations with respect to the Outstanding such Securities or series of such series Securities as provided in this Section 13.2 on and after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter called “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 such Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of such Securities of such series 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 and any premium premium, if any, and interest on such Securities of such series when payments are due, (2ii) the Company’s respective obligations of the Company and the Guarantor with respect to the such Securities of such series under Sections 3.043.4, 3.053.5, 3.06, 10.02 10.2 and 10.0310.3, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4iv) the provisions set forth in this Article XIVThirteen. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 13.2 applied to the Outstanding any Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 13.3 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Indenture (Embraer - Empresa Brasileira De Aeronautica S.A.)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture Indenture, including the provisions of Article XIII hereof, insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of outstanding Securities of such series to receive, solely from the trust fund described in Section 14.04 and 14.4 as more fully set forth in such Section, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3 and such obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder and (4D) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 14.2 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 14.3 with respect to the Outstanding Securities of such series. Following a Defeasancedefeasance, payment of the Securities of such Securities series may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Comerica Inc /New/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 10.6(d) by a holder of Preferred Securities as a result of a Change of Control which occurs on or prior to July 30, 2012, to have this Section 14.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Electing Securities, the Company shall, within thirty (30) days following its receipt of the Change of Control Election, satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Electing Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in Section 14.04 13.2 are satisfied (hereinafter called “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 Electing Securities of such series and to have satisfied all of its other obligations under the such Electing Securities of such series and this Indenture insofar as the such Electing Securities of such series are concerned (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: hereunder (1a) the rights of Holders of the Electing Securities of such series to receive, solely from the trust fund described in Section 14.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Electing Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Electing Securities of such series under Sections 3.042.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.03any Additional Tax Sums under Section 10.5, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultXIII.

Appears in 1 contract

Samples: Alesco Financial Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Nineteenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called 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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Nineteenth Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Eighteenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called 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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.011302, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights right of Holders holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Noble Affiliates Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Seventh Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s Issuer's exercise of its option to utilize the option provided in Section 14.01 to have provisions of this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 9.6 and subject to the proviso to upon compliance with Section 14.019.7, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section series, on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "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 the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 14.04 9.8 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations of the Issuer with respect to the such Securities of such series under Sections 3.042.12, 3.052.13, 3.062.15, 10.02 3.2 and 10.033.3, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 2.13, 2.14, 2.15, 4.3, 5.5 and (4) this Article XIV. Subject 9.4, and otherwise the duty of the Trustee to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding authenticate Securities of any Defeasible Series notwithstanding such series issued on registration of transfer or exchange, (D) the prior exercise conversion rights, if any, of its option provided in Section 14.01 to have Section 14.03 applied to the Holders of Outstanding Securities of such series. Following a Defeasanceseries and the Issuer's obligations, payment of such Securities may not be accelerated because of an Event of Defaultif any, with respect thereto under Article Twelve, and (E) this Article Nine.

Appears in 1 contract

Samples: Newmont Mining Corp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.015.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 5.02 on and after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal Principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 6.02, 6.03, and 10.0310.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIV. V. Subject to compliance with this Article XIVV, the Company may exercise its option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 5.01 to have Section 14.03 5.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Extrusion Technology Corp of America

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 13.1 to have this Section 14.02 13.2 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.1, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series -70- as provided in this Section on and after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights right of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.1 to have this Section 14.02 13.2 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.1 to have Section 14.03 13.3 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Royal Gold Inc /De/

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company shall be deemed to have been discharged (except as provided below) from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “hereinafter, "Defeasance"). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such 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 of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the Securities provisions of such series under Sections 3.04302, 3.05303, 3.06304, 10.02 305, 306, 1002, 1008 and 10.031009 hereof, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 with respect to have Defeasance under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided with respect to Covenant Defeasance under Section 1303 in Section 14.01 to have Section 14.03 applied regard to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Kaufman & Broad Home Corp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series obligations, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”), and, upon request of the Company, the Trustee shall deliver to the Company appropriate instruments of satisfaction, discharge and release. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Tsakos Energy Navigation LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series of Securities as provided in this Section on and after the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series of Securities and this Indenture insofar as the Securities of such series of Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series of Securities to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series of Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 12.03 applied to the Outstanding Securities such series of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Avon Products Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 1202 on and after the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter called “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 series and to have satisfied all its of the Company’s other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIVTwelve. Subject to compliance with this Article XIVTwelve, the Company may exercise its option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 1201 to have Section 14.03 1203 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Senior Indenture (Aetna Inc /Pa/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Seventeenth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called 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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities Section, each of any Defeasible Series and subject to the proviso to Section 14.01, the Company and the Subsidiary Guarantors shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and each of the Company and the Subsidiary Guarantors shall be deemed to have satisfied all its other obligations under the Securities of such series series, any Subsidiary Guarantees thereof and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such 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 of and any premium and interest on such the Securities of such series when such payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031004, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Marine 300 Series Inc

AutoNDA by SimpleDocs

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 14.1 applicable to have this Section 14.02 applied with respect to the Outstanding any Debt Securities of any Defeasible Series and subject to the proviso to Section 14.01or within a series, the Company shall be deemed to have been discharged from its obligations with respect to the such Outstanding Debt Securities of such series as provided in this Section and any related coupons on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the such Outstanding Debt Securities of such series and any related coupons and to have satisfied all its other obligations under the such Debt Securities of such series and any related coupons and this Indenture insofar as the such Debt Securities of such series and any related coupons are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Debt Securities of such series and any related coupons to receive, solely from the trust fund described in Section 14.04 14.4 hereof and as more fully set forth in such Section, payments in respect of the principal of and any premium of, premium, if any, on and interest on such Debt Securities of and any related coupons when such series when payments are due, (2b) the Company’s obligations with respect to the such Debt Securities of such series and any related coupons under Sections 3.043.5, 3.053.9, 3.063.10, 10.02 4.2 and 10.0311.4 hereof, (3c) the Company’s obligations to effect a registered exchange offer or a private exchange offer, (d) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4e) this Article XIVFourteen. Subject to compliance with this Article XIVFourteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 14.2 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default14.3.

Appears in 1 contract

Samples: Indenture (Multicanal Sa)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a defeasible series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Outstanding Securities of such 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 of and any premium and or interest on such Securities of when such series when payments are due, (2) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the Trustee under Section 607, (3) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 304, 305, 306, 308, 309, 506 and 1003, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series defeasible series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Carlisle Companies Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 11.01 hereof to have this Section 14.02 11.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 11.02 on and after the date the conditions set forth in Section 14.04 11.04 hereof are satisfied (hereinafter called "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 series series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 11.05 hereof and the other Sections of this Indenture referred to in (i) and (ii) below, and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of Outstanding Securities of such series to receive, receive solely from the trust fund described in Section 14.04 11.04 hereof and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2ii) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 6.02 and 10.036.04 hereof, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4iv) this Article XIV11. Subject to compliance with this Article XIV11, the Company may exercise its option provided in Section 14.01 11.01 hereof to have this Section 14.02 11.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 11.01 hereof to have Section 14.03 11.03 hereof applied to the such Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: U S Home Corp /De/

Defeasance and Discharge. Upon the CompanyOperating Partnership’s exercise of the option provided in Section 14.01 13.01 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company Operating Partnership shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series as provided in this Section on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance defeasance means that the Company Operating Partnership shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the CompanyOperating Partnership, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of the Securities of such series 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 and any premium and interest on such the Securities of such series when such payments are due, (2B) the CompanyOperating Partnership’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company Operating Partnership may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default13.03.

Appears in 1 contract

Samples: GPT Operating Partnership LP

Defeasance and Discharge. Upon the CompanyIssuer’s or the Parent Guarantor’s exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to any Notes or any series of Notes, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company Issuer or the Parent Guarantor shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series Notes as provided in this Section on and after the date the conditions set forth in Section 14.04 8.5 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company Issuer or the Parent Guarantor shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under the Securities of such series Notes and this Indenture insofar as the Securities of such series Notes are concerned (and the Trustee, at the expense and written request of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series Noteholders to receive, solely from the trust fund described in Section 14.04 8.5 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the CompanyIssuer’s or the Parent Guarantor’s obligations with respect to the such Securities of such series under Sections 3.042.7, 3.052.9, 3.062.15(c), 10.02 and 10.033.1, (3) the rights, protections, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article XIVVIII. Subject to compliance with this Article XIVArticle, the Company Issuer or the Parent Guarantor may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series Notes notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 8.4 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultNotes.

Appears in 1 contract

Samples: Indenture (Booz Allen Hamilton Holding Corp)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 15.1 to have this Section 14.02 15.2 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series and any related coupons as provided in this Section on and after the date the conditions set forth in Section 14.04 15.4 are satisfied (hereinafter called "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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: hereunder (1) the rights of Holders of Securities of such series 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 (and any premium premium, if any) and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2, 10.3 and 10.03any additional amounts under Section 10.5, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVFifteen. Subject to compliance with this Article XIVFifteen, the Company may exercise its option provided in Section 14.01 15.1 to have this Section 14.02 15.2 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 15.1 to have Section 14.03 15.3 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Defaultseries and any related coupons.

Appears in 1 contract

Samples: Motorola Inc

Defeasance and Discharge. Upon the Company’s exercise of the its option provided in Section 14.01 to have this Section 14.02 13.2 applied to any Securities or any series of Securities, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company and the Guarantor shall each be deemed to have been discharged from its their respective obligations with respect to the Outstanding such Securities or series of such series Securities as provided in this Section 13.2 on and after the date the conditions set forth in Section 14.04 13.4 are satisfied (hereinafter called “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 such Table of Contents Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1i) the rights of Holders of such Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2ii) the Company’s respective obligations of the Company and the Guarantor with respect to the such Securities of such series under Sections 3.043.4, 3.053.5, 3.06, 10.02 10.2 and 10.0310.3, (3iii) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4iv) the provisions set forth in this Article XIVThirteen. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 13.2 applied to the Outstanding any Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 13.3 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Embraer S.A.

Defeasance and Discharge. Upon The Company and the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such series any Defeasible Series, as provided in this Section 1302 on and after the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”)) with respect to such Securities. 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 series and to have satisfied all its their other respective obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1l) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s and the Guarantor’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031007 (to the extent then unknown), (3) the rightsrights (including without limitation, the rights set forth in Section 607), powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company or the Guarantor may exercise its option provided in Section 14.01 Defease any Securities pursuant to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment Covenant Defeasance of such Securities may not be accelerated because of an Event of Defaultpursuant to Section 1303.

Appears in 1 contract

Samples: Brandbev S.a r.l.

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 11.01 to have this Section 14.02 11.02 applied to the Outstanding Debt Securities of any Defeasible Series and subject to the proviso to Section 14.0111.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Debt Securities of such series as provided in this Section 11.02, and all obligations of any subsidiary guarantors, as applicable, will be deemed to have been discharged with respect to the Outstanding Debt Securities of such series and the applicable guarantees, on and after the date the conditions set forth in Section 14.04 11.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company shall and the subsidiary guarantors, as applicable, will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Debt Securities of such series and to have satisfied all its other obligations under the Debt Securities of such series series, any applicable guarantees, and this Indenture insofar as the Debt Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.:

Appears in 1 contract

Samples: Unit Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 6.01 to have this Section 14.02 6.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.016.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 6.02 on and after the date the conditions set forth in Section 14.04 6.04 are satisfied (hereinafter called "Defeasance"). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 6.04 and as more fully set forth in such SectionSection 6.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 7.02, 7.03, and 10.0311.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIVVI. Subject to compliance with this Article XIVVI, the Company may exercise its option provided in Section 14.01 6.01 to have this Section 14.02 6.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 6.01 to have Section 14.03 6.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Mercury Finance Co)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 1202 on and after the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter called "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 series and to have satisfied all its of the Company's other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIVTwelve. Subject to compliance with this Article XIVTwelve, the Company may exercise its option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 1201 to have Section 14.03 1203 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Senior Indenture (Aetna Inc /Pa/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company and the Parent Guarantor shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance means shall mean that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to and, together with the Parent Guarantor, have satisfied all its their other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 14.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium premium, if any), interest, if any, and interest Additional Amounts, if any, on such Securities of when such series when payments are due, (2b) the Company’s obligations with respect to the such Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 4.02 and 10.0312.04, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 with respect to have defeasance under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided with respect to covenant defeasance under Section 13.03 in Section 14.01 to have Section 14.03 applied regard to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Aon Corp)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Primus Guaranty LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied with respect to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions precedent set forth in Section 14.04 below are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper power instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 and 13.04 as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 6.07, 10.02, 10.03 and 10.0313.06 and such obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities, indemnities and immunities other provisions in respect of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 13.03 with respect to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Roper Industries Inc /De/)

Defeasance and Discharge. Upon the Company’s exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied 1.9(b) with respect to the Outstanding Securities any Notes of any Defeasible Series and subject to the proviso to Section 14.01such series, the Company shall be deemed to have been discharged from its obligations with respect to the all Outstanding Securities Notes (excluding those obligations which survive payment) of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1.9(d) are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the such Outstanding Securities Notes of such series series, which shall thereafter be deemed to be “Outstanding” only for the purposes of the other Sections of the Indenture referred to in (A) and (B) below, and to have satisfied all its other obligations under the Securities such Notes of such series and this Indenture insofar as the Securities such Notes of such series are concerned (and the Trustee, at the written request and expense of the Company, shall execute proper instruments instruments, prepared by the Company, acknowledging the samesame in accordance with the Indenture), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Securities such Outstanding Notes of such series to receive, solely from the trust fund described in Section 14.04 1.9(d) and as more fully set forth in such Sectionsection, payments in respect of the principal of principal, premium, if any, and any premium and interest interest, if any, on such Securities Notes of such series when such payments are due, (2B) the Company’s obligations with respect to the Securities such Notes of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031103 of the Indenture, (3C) the rights, powers, trusts, duties duties, indemnity and immunities of the Trustee hereunder under the Indenture and hereunder, (D) Article Four of the Indenture, and (4E) this Article XIVSection 1.9. Subject to compliance with this Article XIVSection 1.9, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series section notwithstanding the prior exercise of its option provided in under Section 14.01 1.9(c) with respect to have Section 14.03 applied to the Outstanding Securities such Notes of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Second Supplemental Indenture (Franklin Resources Inc)

Defeasance and Discharge. Upon the Company’s exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to any 60 Securities or any series of Securities, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company shall be deemed to have been discharged from its obligations obligations, and the provisions of Article XIV shall cease to be effective, with respect to the Outstanding such Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 such Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of such Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding any Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Subordinated Indenture (Tesoro Corp /New/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall 63 55 be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called "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 series and to have satisfied all of its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Albertsons Inc /De/)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.015.01, the Company shall will be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 5.02 on and after the date the conditions set forth in Section 14.04 5.04 are satisfied (hereinafter called Defeasance). For this purpose, such Defeasance means that the Company shall will be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall will execute proper instruments acknowledging the same), subject to the following which shall will survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 5.04 and as more fully set forth in such SectionSection 5.04, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series under Sections 3.042.05, 3.052.06, 3.062.07, 10.02 6.02, 6.03, and 10.0310.06, (3c) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder hereunder, and (4d) this Article XIV. V. Subject to compliance with this Article XIVV, the Company may exercise its option provided in Section 14.01 5.01 to have this Section 14.02 5.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 5.01 to have Section 14.03 5.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Edison Brothers Stores Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1401 to have this Section 14.02 1402 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1404 are satisfied (hereinafter called "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 series and any related coupons and to have satisfied all its other obligations under the Securities of such series series, and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s 's obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003 and with respect to the Trustee under Sections 607 and 1405, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVFourteen. Subject to compliance with this Article XIVFourteen, the Company may exercise its option provided in Section 14.01 1401 to have this Section 14.02 1402 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 1401 to have Section 14.03 1403 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Times Mirror Co /New/)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 10.6(d) by a holder of Preferred Securities as a result of a Change of Control which occurs on or prior to July 30, 2012 to have this Section 14.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Electing Securities, the Company shall, within thirty (30) days following its receipt of the Change of Control Election, satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Electing Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in Section 14.04 13.2 are satisfied (hereinafter called “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 Electing Securities of such series and to have satisfied all of its other obligations under the such Electing Securities of such series and this Indenture insofar as the such Electing Securities of such series are concerned (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: hereunder (1a) the rights of Holders of the Electing Securities of such series to receive, solely from the trust fund described in Section 14.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Electing Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Electing Securities of such series under Sections 3.04Sections2.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.03any Additional Tax Sums under Section 10.5, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultXIII.

Appears in 1 contract

Samples: Vestin Realty Mortgage II, Inc

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Fifth Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Supplemental Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Jefferies Group LLC

Defeasance and Discharge. Upon the Company’s exercise of the option provided set forth in Section 14.01 13.1 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called hereinafter, Defeasancedefeasance”). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments prepared by the Company in form reasonably satisfactory to the Trustee acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 14.04 13.4 and as more fully set forth in such Sectiontherein, payments in respect of the principal of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s obligations with respect to the such Securities of such series under Sections 3.043.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.0310.3, (3C) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3 (e) (and the Company’s obligations associated therewith), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4D) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.2 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 13.3 with respect to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Wright Medical Group N.V.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the First Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04Sections304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Indenture (Kroger Co)

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 10.6(c) by a holder of Preferred Securities as a result of a Change of Control which occurs on or prior to the expiration of the Fixed Rate Period, to have this Section 14.02 13.1 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Electing Securities, the Company shall, within thirty (30) days following its receipt of the Change of Control Election satisfy the conditions set forth in Section 13.2. The Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Electing Securities of such series as provided in this Section 13.1 on and after the date the conditions set forth in the Section 14.04 13.2 are satisfied (hereinafter called “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 Electing Securities of such series and to have satisfied all of its other obligations under the such Electing Securities of such series and this Indenture insofar as the such Electing Securities of such series are concerned (and the Trustee, upon request and at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following following, which shall survive until otherwise terminated or discharged hereunder: hereunder (1a) the rights of Holders of the Electing Securities of such series to receive, solely from the trust fund described in Section 14.04 13.2 and as more fully set forth in such SectionSection 13.2, payments in respect of the principal of and any premium of, premium, if any, and interest on such the Electing Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Electing Securities of such series under Sections 3.042.4, 3.053.5, 3.063.6, 10.02 10.2 and 10.03any additional Tax Sums under Section 10.5, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultXIII.

Appears in 1 contract

Samples: New Century Financial Corp

Defeasance and Discharge. Upon the Company’s 's exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series of Securities as provided in this Section on and after the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series of Securities and this Indenture insofar as the Securities of such series of Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series of Securities to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s 's obligations with respect to the Securities of such series of Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 12.03 applied to the Outstanding Securities such series of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Indenture (Avon Products Inc)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series series and subject to the proviso to Section 14.01Guarantees endorsed thereon, the Company and the Guarantor shall each be deemed to have been discharged from its obligations obligations, and the provisions of Article Fourteen and Article Sixteen shall cease to be effective, with respect to the Outstanding Securities of such series and the Guarantees endorsed thereon as provided in this Section on and after the date the conditions set forth in Section 14.04 1204 are satisfied (hereinafter called "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 series and the Guarantees endorsed thereon and to have satisfied all its their other obligations under the Securities of such series series, the Guarantees endorsed thereon and this Indenture insofar as the Securities of such series and the Guarantees endorsed thereon are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series to receive, solely from the trust fund described in Section 14.04 1204 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations 's or the Guarantor's obligations, as the case may be, with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder hereunder, including, without limitation, its rights under Section 607 and (4) this Article XIVTwelve. Subject to compliance with this Article XIVTwelve, the Company may exercise its option provided in Section 14.01 1201 to have this Section 14.02 1202 applied to the Outstanding Securities of any Defeasible Series series and the Guarantees endorsed thereon notwithstanding the prior exercise of its option provided in Section 14.01 1201 to have 80 90 Section 14.03 1203 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Defaultseries and the Guarantees endorsed thereon.

Appears in 1 contract

Samples: Aetna Capital Trust Iv

Defeasance and Discharge. Upon the Company’s 's exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and 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 called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Outstanding Securities of such 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 of (and any premium premium, if any) and interest on such Securities of when such series when payments are due, (2) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003 and such obligations as shall be ancillary thereto, (3) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Trustee hereunder hereunder, and (4) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 1303 with respect to the Outstanding Securities of such series. Following a Defeasancedefeasance, payment of the Securities of such Securities series may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Teledyne Inc

Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above option provided in Section 14.01 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities Notes of such series as provided in this Section on and 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 called “Defeasance”hereinafter, "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 the Outstanding Securities Notes of such series and to have satisfied all its other obligations under the Securities of such series Notes and this Indenture insofar as the Securities of such series Notes are concerned (and the Indenture Trustee, at the expense of the CompanyIssuer, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Securities Outstanding Notes of such series to receive, solely from the trust fund described in Section 14.04 11.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of Notes when such series when payments are due, (2B) the Company’s Issuer's obligations with respect to the Securities of such series Notes under Sections 3.04, 3.05, 3.06, 10.02 9.02 and 10.039.03 and such obligations as shall be ancillary thereto, (3C) the rights, powers, trusts, duties duties, immunities and immunities other provisions in respect of the Indenture Trustee hereunder and (4D) this Article XIVEleven. Subject to compliance with this Article XIVEleven, the Company Issuer may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 11.02 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied 11.03 with respect to the Outstanding Securities Notes of such series. Following a Defeasancedefeasance, payment of the Notes of such Securities series may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Trust Indenture (International Lease Finance Corp)

Defeasance and Discharge. Upon The Company and the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company Guarantor shall be deemed to have been discharged from its their respective obligations with respect to the Outstanding Securities of such series any Defeasible Series, as provided in this Section 1302 on and after the date the applicable conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”)) with respect to such Securities. 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 series and to have satisfied all its their other respective obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 of and any premium and interest on such Securities of such series when payments are due, (2) the Company’s and the Guarantor’s obligations with respect to the Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002, 1003 and 10.031007 (to the extent then unknown), (3) the rightsrights (including without limitation, the rights set forth in Section 607), powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company or the Guarantor may exercise its option provided in Section 14.01 Defease any Securities pursuant to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment Covenant Defeasance of such Securities may not be accelerated because of an Event of Defaultpursuant to Section 1303.

Appears in 1 contract

Samples: Indenture (Rinker Group LTD)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 applicable to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such the series as provided in this Section created by the Third Supplemental Indenture on and after the date the conditions set forth in Section 14.04 below are satisfied (hereinafter called “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 this series and to have satisfied all its other obligations under the such Securities of such this series and this Indenture insofar as the such Securities of such this series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such this 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 of (and any premium premium, if any) and interest on such Securities of securities when such series when payments are due, (2B) the Company’s 's obligations with respect to the such Securities of such this series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4D) this Article XIVThirteen. Subject to compliance with this Article XIVThirteen, the Company may exercise its option provided in Section 14.01 to have under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 1302 notwithstanding the prior exercise of its option provided in under Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default1303.

Appears in 1 contract

Samples: Kroger Co

Defeasance and Discharge. Upon the Company’s exercise of the its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series of Securities as provided in this Section on and after the date the conditions set forth in Section 14.04 12.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series of Securities and this Indenture insofar as the Securities of such series of Securities are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1a) the rights of Holders of Securities of such series of Securities to receive, solely from the trust fund described in Section 14.04 12.04 and as more fully set forth in such Section, payments in respect of the principal of and any premium and interest on such Securities of such series when payments are due, (2b) the Company’s obligations with respect to the Securities of such series of Securities under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3c) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4d) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series series notwithstanding the prior exercise of its option provided in Section 14.01 (if any) to have Section 14.03 12.03 applied to the Outstanding Securities such series of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Avon Products Inc

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section 52 on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: United States Steel Corp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.0113.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Table of Contents Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Hancock Holding Co

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 are satisfied (hereinafter called “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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee Table of Contents hereunder and (4) this Article XIV. Subject to compliance with this Article XIV, the Company may exercise its option provided in Section 14.01 to have this Section 14.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 to have Section 14.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Indenture (Jefferies Group Capital Finance Inc.)

Defeasance and Discharge. Upon the Company’s 's exercise of the option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a defeasible series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 1304 are satisfied (hereinafter called “Defeasance”hereinafter, "defeasance"). For this purpose, such Defeasance defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to except for the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Outstanding Securities of such 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 of and any premium and or interest on such Securities of when such series when payments are due, (2) the Company’s 's obligations with respect to the such Securities of such series under Sections 3.04304, 3.05305, 3.06306, 10.02 1002 and 10.031003, (3) the rights, powers, trusts, duties duties, and immunities of the Trustee hereunder under Sections 304, 305, 306, 308, 309, 506 and 1003, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company may exercise its option provided in Section 14.01 1301 to have this Section 14.02 1302 applied to the Outstanding Securities of any Defeasible Series defeasible series notwithstanding the prior exercise of its option provided in Section 14.01 1301 to have Section 14.03 1303 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Foster Wheeler Corp

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01Series, the Company shall be deemed to have been discharged from its obligations obligations, with respect to the Outstanding Securities of such series series, as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”), and the Trustee shall execute appropriate instruments of satisfaction, discharge and release provided to it by the Company. 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 series and to have satisfied all its other obligations under the Securities of such series and this Indenture insofar as the Securities of such series are concerned (and the Trustee, at the expense of the Company, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s obligations with respect to the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties duties, indemnities and immunities of the Trustee hereunder and (4) this Article XIVXIII. Subject to compliance with this Article XIVXIII, the Company may exercise its option provided in Section 14.01 13.01 to have this Section 14.02 13.02 applied to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option provided in Section 14.01 13.01 to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Church & Dwight Co Inc /De/

Defeasance and Discharge. Upon the Company’s Issuers’ exercise of the their option provided in Section 14.01 (if any) to have this Section 14.02 applied to any Securities or any series of Securities, as the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01case may be, the Company Issuers shall be deemed to have been discharged from its obligations their obligations, and the provisions of Article Fourteen shall cease to be effective, with respect to the Outstanding such Securities of such series as provided in this Section on and after the date the conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”). For this purpose, such Defeasance means that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its their other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same), subject to the following which shall survive until otherwise terminated or discharged hereunder: (1) the rights of Holders of such Securities of such series 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 and any premium and interest on such Securities of such series when payments are due, (2) the Company’s Issuers’ obligations with respect to the such Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03, (3) the rights, powers, trusts, duties and immunities of the Trustee hereunder and (4) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company Issuers may exercise its their option provided in Section 14.01 (if any) to have this Section 14.02 applied to the Outstanding any Securities of any Defeasible Series notwithstanding the prior exercise of its their option provided in Section 14.01 (if any) to have Section 14.03 13.03 applied to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of DefaultSecurities.

Appears in 1 contract

Samples: Jefferies Group Capital Finance Inc.

Defeasance and Discharge. Upon the Company’s exercise of the option provided in Section 14.01 13.01 to have this Section 14.02 applied to defease the Outstanding Securities of any Defeasible Series and subject to the proviso to Section 14.01a particular series, the Company Issuers shall be deemed to have been discharged from its their obligations with respect to the Outstanding Securities of such series as provided in this Section on and after the date the applicable conditions set forth in Section 14.04 13.04 are satisfied (hereinafter called “Defeasance”hereinafter, "DEFEASANCE"). For this purpose, such Defeasance means shall mean that the Company Issuers shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the such Securities of such series and this Indenture insofar as the such Securities of such series are concerned (and the Trustee, at the expense of the CompanyIssuers, shall execute proper instruments acknowledging the same); provided, subject to however, that the following which rights, obligations, powers, trusts, duties and immunities shall survive until otherwise terminated or discharged hereunder: (1A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described provided for in Section 14.04 and as more fully set forth in such Section13.04, payments in respect of the principal of (and any premium and other amounts, if any) and interest on such Securities of when such series when payments are due, (2B) the Company’s Issuers' obligations with respect to such Securities under Sections 3.03, 3.05, 3.06, 3.07, 7.01, 7.02, 10.01,10.02, the last paragraph of Section 10.05, Sections 13.05 and 13.06, as well as any obligation under the terms of the Securities of such series under Sections 3.04, 3.05, 3.06, 10.02 and 10.03to maintain a registrar or paying agent, (3C) the rights, powers, trusts, duties and immunities of the Trustee hereunder and the Issuers' obligations with respect therewith, and (4D) this Article XIVArticle. Subject to compliance with this Article XIVArticle, the Company Issuers may exercise its their option provided in Section 14.01 with respect to have defeasance under this Section 14.02 applied to the Outstanding Securities of any Defeasible Series 13.02 notwithstanding the prior exercise of its option provided with respect to covenant defeasance under Section 13.03 in Section 14.01 to have Section 14.03 applied regard to the Outstanding Securities of such series. Following a Defeasance, payment of such Securities may not be accelerated because of an Event of Default.

Appears in 1 contract

Samples: Meristar Hospitality Operating Partnership Lp

Time is Money Join Law Insider Premium to draft better contracts faster.