Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 9 contracts
Samples: Indenture (Charah Solutions, Inc.), Indenture (B. Riley Financial, Inc.), Tellurian Inc. /De/
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its any and all obligations with respect to the Outstanding Securities Notes of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities Notes of such series and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities Notes of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities Notes when such payments are due, (Bb) the Company’s obligations with respect to such Securities Notes under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities Notes of such series issued on registration of transfer or exchange and (Dd) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities Notes of such series.
Appears in 8 contracts
Samples: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and 13.05 as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 10.02 and 10.310.04 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 13.02 notwithstanding the prior exercise of its option under Section 13.3 13.03 with respect to the Securities of such series. Following a defeasance, payment of the Securities of such series may not be accelerated because of the occurrence and continuance of an Event of Default.
Appears in 8 contracts
Samples: Goodyear Tire & Rubber Co /Oh/, Goodyear Capital Trust I, Goodyear Tire & Rubber Co /Oh/
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request direction of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 6 contracts
Samples: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Sectiontherein, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 5 contracts
Samples: Indenture (GT Advanced Technologies Inc.), Hanover Insurance Group, Inc., Indenture (Hanover Insurance Group, Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 1301 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002, 1003 and 10.31004, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 1302 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series1303.
Appears in 5 contracts
Samples: Dynegy Capital Trust Iii, NGC Corp, Dynegy Holdings Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange any Authenticating Agent hereunder and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 5 contracts
Samples: Nalco Energy Services Equatorial Guinea LLC, Indenture (Nalco Chemical Co), Alberto Culver Co
Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, receive solely from the trust fund described in Section 13.4 12.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s Issuer's obligations with respect to such Securities under Sections 2.8, 2.9, 2.11, 3.2 and 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIITwelve. Subject to compliance with this Article XIIITwelve, the Company Issuer may exercise its option under this Section 13.2 12.2 notwithstanding the prior exercise of its option options under Section 13.3 12.3 with respect to the Securities of such series.
Appears in 4 contracts
Samples: Indenture (Universal Health Services Inc), Indenture (Emerson Electric Co), Indenture (Universal Health Services Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 applicable 1301 to have this Section 13.21302 applied to the Outstanding Securities of any series, the Company and any Guarantor (if applicable) shall be deemed to have been discharged from its obligations their obligations, and the provisions of Article Seventeen shall cease to be effective, with respect to the Outstanding Securities of such series as provided in this Section on and after the date the conditions set forth below in Section 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company and any Guarantor (if applicable) 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 and the Guarantee (if applicable) of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and principal, premium, if any) , and interest interest, if any, on such Securities of such series when such payments are due, (B2) the Company’s 's and any Guarantor's (if applicable) obligations with respect to the Securities of such Securities series under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31006 and Article Sixteen, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee hereunder, including, without limitation, its rights under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange 607 and (D4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under provided in Section 1301 to have this Section 13.2 1302 applied to the Outstanding Securities of any series notwithstanding the prior exercise of its option under provided in Section 13.3 with respect 1301 to have Section 1303 applied to the Outstanding Securities of such series.
Appears in 4 contracts
Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Nabors Industries LTD
Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the option set forth provided in Section 13.1 applicable to have this Section 13.213.2 applied to all the Notes, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Notes Outstanding Securities of such series on the date the conditions set forth below in Section 13.4 are satisfied (hereinafter, a “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 Notes and to have satisfied all its other obligations under such Securities the Notes and this Indenture insofar as such Securities are concerned Indenture, including the provisions of Article XII (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), ) except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series Noteholders to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest (including any Additional Amounts) on such Securities the Notes when such payments are due, (Bb) the CompanyIssuer’s obligations with respect to such Securities Notes under Sections 3.42.12, 3.52.13, 3.62.14, 10.2 and 10.32.15, 2.16, 6.10, 8.4, (Cc) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (Dd) this Article XIIIXIII and the Issuer’s obligations to the Trustee under Section 8.5. Subject to compliance with this Article XIII, the Company Issuer may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series13.3.
Appears in 4 contracts
Samples: Indenture (Ambev S.A.), Indenture (InBev Corporate Holdings Inc.), Indenture (Tele Norte Leste Participacoes Sa)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth provided in Section 13.1 applicable 14.01 to have this Section 13.214.02 applied to the Outstanding Notes, the Company 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 below in Section 14.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under such Securities the Notes and this Indenture insofar as such Securities the Notes are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series Notes to receive, solely from the trust fund described in Section 13.4 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities Notes when such payments are due, (B2) the Company’s obligations with respect to such Securities the Notes under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 10.02 and 10.310.03, (C3) the rights, protections, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option under provided in Section 14.01 to have this Section 13.2 14.02 applied to the Outstanding Notes notwithstanding the prior exercise of its option under provided in Section 13.3 with respect 14.01 to have Section 14.03 applied to the Securities Outstanding Notes. Following a Defeasance, payment of such seriesNotes may not be accelerated because of an Event of Default.
Appears in 3 contracts
Samples: Supplemental Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Supplemental Indenture (BrightSpring Health Services, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 3 contracts
Samples: Indenture (Atlas Air Worldwide Holdings Inc), Indenture (Atlas Air Worldwide Holdings Inc), Atlas Air Worldwide Holdings Inc
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company and any Guarantor shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series and any Guarantees of such Outstanding Securities on the date the conditions set forth below are satisfied (hereinaftereach, a “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 such Securities and this Indenture insofar as such Securities are concerned and any Guarantor shall be deemed to have satisfied all its obligations under any Guarantee (and the Trustee, at the expense and request direction of the CompanyCompany or any Guarantor, as applicable, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.4, 3.62.5, 3.72.6, 3.92.7, 4.22.8, 6.7 and Section 10.3(e2.9, 5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 3 contracts
Samples: Indenture (LPL Financial Holdings Inc.), Supplemental Indenture (LPL Holdings, Inc.), Indenture (LPL Holdings Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 12.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities (including any obligations in respect of such series Liens then securing the Securities) on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 12.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIITwelve. Subject to compliance with this Article XIIITwelve, the Company may exercise its option under this Section 13.2 12.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series12.3.
Appears in 3 contracts
Samples: Indenture (Stena Ab), Indenture (Stena Ab), Indenture (Stena Ab)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 1301 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date 91st day after the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4Section 304, 3.5305, 3.6306, 10.2 1002, 1003 and 10.31004, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5hereunder, 3.6including, 3.7without limitation, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange 607 and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 1302 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series1303.
Appears in 3 contracts
Samples: Indenture (Baker Hughes Inc), Lone Star Technologies Inc, Lone Star Technologies Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer hereunder or exchange any Authenticating Agent and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Case Credit Corp, Case Credit Corp
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 SECTION 13.01 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 SECTION 13.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4SECTIONS 3.04, 3.53.05, 3.63.06, 10.2 10.02, 10.03 and 10.310.04, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIARTICLE THIRTEEN. Subject to compliance with this Article XIIIARTICLE THIRTEEN, the Company may exercise its option under this Section 13.2 13.02 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such seriesSECTION 13.03.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 1101 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series Defeasible Series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities of such series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 1104 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities of such series when such payments are due, (B) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIEleven. Subject to compliance with this Article XIIIEleven, the Company may exercise its option under this Section 13.2 1102 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series1103.
Appears in 2 contracts
Samples: Georgia Gulf Corp /De/, Georgia Gulf Corp /De/
Defeasance and Discharge. Upon the Company’s exercise of the option set forth provided in Section 13.1 14.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the such Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities holders of such series Securities to receive, solely from the trust fund described in Section 13.4 14.4 hereof and as more fully set forth in such Section, payments in respect of the principal of (and premiuminterest and Additional Amounts, if any) and interest , on such Securities when such payments are due, (Bb) the Company’s obligations with respect to such Securities under Sections 3.43.9, 3.53.10, 3.6, 10.2 4.2 and 10.311.4 hereof, (Cc) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (Dd) this Article XIIIFourteen. Subject to compliance with this Article XIIIFourteen, the Company may exercise its option under this Section 13.2 14.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series14.3.
Appears in 2 contracts
Samples: Indenture (Telefonica of Argentina Inc), Telefonica of Argentina Inc
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (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 such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 12.03 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4Section 3.04, 3.5Section 3.05, 3.6Section 3.06, 10.2 Section 5.02, Section 7.02 and 10.3Section 7.03, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5Section 3.05, 3.6Section 3.06, 3.7Section 3.07, 3.9Section 3.08, 4.2Section 3.09, 6.7 Section 4.02, Section 5.04, Section 5.06, Section 7.03(f) and Section 10.3(e)9.07, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIIARTICLE Twelve. Subject to compliance with this Article XIIIARTICLE Twelve, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series12.02.
Appears in 2 contracts
Samples: Tampa Electric Co, Teco Energy Inc
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series series, and the provisions of Article XII shall cease to be effective, on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request direction of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (Affiliated Managers Group, Inc.), Indenture (Affiliated Managers Group, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its any and all obligations with respect to the Outstanding Securities Notes of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities Notes of such series and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities Notes of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the 58 principal of (and premium, if any) and interest on such Securities Notes when such payments are due, (Bb) the Company’s obligations with respect to such Securities Notes under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities Notes of such series issued on registration of transfer or exchange and (Dd) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities Notes of such series.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise under Section 11.1 of the option set forth in Section 13.1 applicable to this Section 13.211.2, the Company shall be deemed to have been discharged from its obligations with respect to the all Outstanding Securities of such the applicable series on the date the conditions set forth below in Section 11.4 are satisfied (hereinafter, “hereinafter referred to as "legal defeasance”"). For this purpose, such legal defeasance means that the Company shall be deemed (a) to have paid and discharged the entire indebtedness represented by their respective obligations under the Outstanding Securities of such series series; provided, however that the Securities shall continue to be deemed to be "Outstanding" for purposes of Section 11.5 and the other Sections of this Indenture referred to in clauses (i) and (ii) below, and (b) to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any, on) and interest on such Securities when such payments are duedue (or at such time as the Securities would be subject to redemption at the option of the Company in accordance with this Indenture), (Bii) the Company’s respective obligations with respect to such Securities of the Company under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 2.7, 2.8, 2.9, 4.8, 4.14, 5.6, 5.9, 5.10, 9.1, 9.2 and 10.39.3, (Ciii) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 hereunder and Section 10.3(e), and otherwise (iv) the duty obligations of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) Company under this Article XIIIXI. Subject to compliance with this Article XIIIXI, the Company may exercise its option under Section 11.1 applicable to this Section 13.2 11.2 notwithstanding the prior exercise of its option under Section 13.3 with respect 11.1 applicable to the Securities of such seriesSection 11.3.
Appears in 2 contracts
Samples: Xto Energy Inc, Xto Energy Inc
Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer shall, subject to the satisfaction of the conditions set forth in Section 13.1 applicable to this Section 13.28.4 hereof, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities all outstanding Notes of such a series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Securities outstanding Notes of such series a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Securities series of Notes and this Indenture insofar as such Securities are concerned (and the Trustee, upon receipt of a Company Order and at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities outstanding Notes of such a series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, receive payments in respect of the principal of (and of, premium, if any) , and interest interest, if any, on such Securities series of Notes when such payments are due, due from the trust referred to in Section 8.4(l); (Bb) the CompanyIssuer’s obligations with respect to such Securities series of Notes under Sections 3.42.2, 3.52.3, 3.62.4, 10.2 2.5, 2.6, 2.7, 2.10 and 10.3, 4.2 hereof; (Cc) the rights, powers, trusts, duties, benefits and immunities of the Trustee Trustee, including without limitation, under Sections 3.5Section 7.7, 3.6, 8.5 and 8.7 hereof and the Issuer’s obligations in connection therewith; (d) the Company’s rights pursuant to Section 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange ; and (De) the provisions of this Article XIIIVIII. Subject to compliance with this Article XIIIVIII, the Company Issuer may exercise its option under this Section 13.2 8.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to 8.3 hereof. The Issuer and the Securities of such series.Guarantors may terminate the obligations under this Indenture when:
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise under Section 4.01 hereof of the option set forth in Section 13.1 applicable to this Section 13.24.02, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Defeased Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Defeased Securities of such series series, which shall thereafter be deemed to be "Outstanding" only for the purposes of Section 4.05 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, and, upon Company Request, shall execute proper instruments acknowledging the same), except for the following following, which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Defeased Securities of such series to receive, solely from the trust fund described in Section 13.4 4.04 hereof and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest on such Securities when such payments are due, due (Bb) the Company’s 's obligations with respect to such Defeased Securities of such series under Sections 3.43.05, 3.53.06, 3.63.07, 10.2 10.02 and 10.310.03 hereof, (Cc) the rights, powers, trusts, duties, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee's rights under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 4.05 and Section 10.3(e)6.07 hereof, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (Dd) this Article XIII4. Subject to compliance with this Article XIII4, the Company may exercise its option under this Section 13.2 4.02 notwithstanding the prior exercise of its option under Section 13.3 4.03 hereof with respect to the Securities of such seriesSecurities.
Appears in 2 contracts
Samples: Indenture (Cccisg Capital Trust), Indenture (RCN Corp /De/)
Defeasance and Discharge. Upon the Company’s exercise under Section 4.1 of the option set forth in Section 13.1 applicable to this Section 13.24.2, the Company and any other obligor on the Notes, if any, shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series Defeased Notes on the date the conditions set forth in Section 4.4 below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company and any other obligor on the Notes shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Securities Defeased Notes, which shall thereafter be deemed to be “Outstanding” only for the purposes of such series Section 4.5 and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all its other obligations under such Securities and Notes, this Indenture and the Security Documents insofar as such Securities Notes are concerned (and the Trustee, at the expense and request of the CompanyCompany and upon Company Request, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series Defeased Notes to receive, solely from the trust fund described in Section 13.4 4.4 and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest on on, such Securities Notes, when such payments are due, (Bb) the Company’s obligations with respect to such Securities Defeased Notes under Sections 3.4, 3.5, 3.63.8, 10.2 and 10.3, (Cc) the rights, powers, trusts, duties, duties and immunities of the Trustee hereunder, including, without limitation, the Trustee’s rights under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e)6.7, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (Dd) this Article XIIIIV. Subject to compliance with this Article XIIIIV, the Company may exercise its option under this Section 13.2 4.2 notwithstanding the prior exercise of its option under Section 13.3 4.3 with respect to the Securities of such seriesNotes.
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the 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 below in Section 1304 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on such Securities of such series when such payments are due, (Bb) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (Cc) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (Dd) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under defease the Outstanding Securities of any series pursuant to this Section 13.2 1302 notwithstanding the prior exercise Defeasance of its option under Section 13.3 with respect to the Outstanding Securities of such seriesseries pursuant to Section 1303.
Appears in 2 contracts
Samples: Indenture (Seagate Technology Inc), Seagate Technology Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and the last paragraph of Section 10.3(e)10.3, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with Thirteen and (E) any other Section of this Article XIII, the Company may exercise its option under this Indenture contemplated by Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.3.1
Appears in 2 contracts
Samples: Citizens Utilities Capital L P, Citizens Utilities Capital L P
Defeasance and Discharge. Upon The provisions of Sections 4.2 and 4.3 shall apply to the Company’s exercise Securities of each series that is issued on or after the option set forth date hereof unless specifically otherwise provided in a Board Resolution, Officers' Certificate or indenture supplemental hereto provided pursuant to Section 13.1 applicable 3.1 In addition to discharge of this Indenture pursuant to Section 13.24.1, in the Company shall be deemed to have been discharged from its obligations case of any series of Securities with respect to which the Outstanding Securities exact amount described in subparagraph (a) of Section 4.4 can be determined at the time of making the deposit referred to in such series on the date the conditions set forth below are satisfied subparagraph (hereinaftera), “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by on all the Outstanding Securities of such a series as provided in this Section on and after the date the conditions set forth in Section 4.4 are satisfied, and the provisions of this Indenture with respect to the Securities of such series shall no longer be in effect (except as to (i) rights of registration of transfer and to have satisfied all its other obligations under exchange of Securities of such series, (ii) substitution of mutilated, defaced, destroyed, lost or stolen Securities and this Indenture insofar as of such Securities are concerned series, (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aiii) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in subparagraph (a) of Section 13.4 and as more fully set forth in such Section4.4, payments in respect of the principal of (thereof and premiuminterest, if any) , thereon upon the original stated due dates therefor (but not upon acceleration), and interest on remaining rights of the Holders of Securities of such Securities when such payments are dueseries to receive mandatory sinking fund payments, if any, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (Civ) the rights, powersobligations, trusts, duties, duties and immunities of the Trustee under Sections 3.5hereunder, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (Dv) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.Section
Appears in 2 contracts
Defeasance and Discharge. Upon the Company’s 's exercise under Section 8.3 of the option set forth in Section 13.1 applicable to this Section 13.28.4, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Defeased Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “hereinafter "defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities defeased Securities, which shall thereafter be deemed to be "outstanding" only for the purposes of such series Sections 2.4, 2.5, 2.6, 2.8, 2.9, 2.11, 2.12, 4.1, 4.5, 6.6, 6.7, 7.7, 7.8 and 8.2 of this Indenture and the Company shall be deemed to have satisfied all its other obligations under such series of Securities and this Indenture insofar as such series of Securities are concerned (and the Trustee, at the expense and request of the Company, and, upon written request, shall execute proper instruments acknowledging the same), except for ) subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 8.6 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C2) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D3) this Article XIIIVIII. Subject to compliance with this Article XIIIVIII, the Company may exercise its option under this Section 13.2 8.4 notwithstanding the prior exercise of its option under Section 13.3 8.5 with respect to the Securities a series of such seriesSecurities.
Appears in 2 contracts
Samples: Tricon Global Restaurants Inc, Tricon Global Restaurants Inc
Defeasance and Discharge. Upon the Company’s Issuer's exercise of its option to utilize the option set forth in Section 13.1 applicable to provisions of this Section 13.29.6 and upon compliance with Section 9.7, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 9.7 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.42.10, 3.52.11, 3.62.13, 10.2 3.2 and 10.33.3, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.11, 3.62.12, 3.72.13, 3.94.3, 4.2, 6.7 5.5 and Section 10.3(e)9.4, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange exchange, and (Dd) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such seriesNine.
Appears in 2 contracts
Samples: Stolt Offshore S A, Stolt Offshore S A
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, indemnities and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (Exela Technologies, Inc.), Exela Technologies (Exela Technologies, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth provided in Section 13.1 12.01 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series Notes on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the request and expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series Notes to receive, solely from the trust fund described in Section 13.4 12.04 and as more fully set forth in such Section, payments in respect of the principal of (and amount of, premium, if any) any and interest on such Securities Notes when such payments are due, (Bii) the Company’s obligations with respect to such Securities Notes under Sections 3.43.05, 3.53.06, 3.63.07, 10.2 3.08, 5.15, 10.03, 10.14, 10.16 and 10.3, 10.17 (Ciii) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5hereunder (including, 3.6claims of, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of or payments to the Trustee to authenticate Securities of such series issued on registration of transfer or exchange under Section 6.06) and (Div) this Article XIIIXII. Subject to compliance with this Article XIIIXII, the Company may exercise its option under this Section 13.2 12.02 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series12.03.
Appears in 2 contracts
Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 SECTION 13.01 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”"DEFEASANCE"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 SECTION 13.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4SECTIONS 3.04, 3.53.05, 3.63.06, 10.2 10.02, 10.03 and 10.310.04, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIARTICLE THIRTEEN. Subject to compliance with this Article XIIIARTICLE THIRTEEN, the Company may exercise its option under this Section 13.2 SECTION 13.02 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such seriesSECTION 13.03.
Appears in 2 contracts
Samples: Illinois Power Co, Illinois Power Co
Defeasance and Discharge. Upon the Company’s exercise of the option set forth provided in Section 13.1 applicable 14.01 to have this Section 13.214.02 applied to the Outstanding Notes, the Company 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 below in Section 14.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under such Securities the Notes and this Indenture insofar as such Securities the Notes are concerned (and the TrusteeTrustees, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series Notes to receive, solely from the trust fund described in Section 13.4 14.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities Notes when such payments are due, (B2) the Company’s obligations with respect to such Securities the Notes under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 10.02 and 10.310.03, (C3) the rights, protections, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange Trustees hereunder and (D4) this Article XIIIXIV. Subject to compliance with this Article XIIIXIV, the Company may exercise its option under provided in Section 14.01 to have this Section 13.2 14.02 applied to the Outstanding Notes notwithstanding the prior exercise of its option under provided in Section 13.3 with respect 14.01 to have Section 14.03 applied to the Securities of such seriesOutstanding Notes.
Appears in 2 contracts
Samples: First Supplemental Indenture (GFL Environmental Inc.), Indenture (GFL Environmental Holdings Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (Abbott Laboratories), Indenture (Abbott Laboratories)
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the request and expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (AbbVie Inc.), Indenture (Abbott Laboratories)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities Secu rities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (Argo Blockchain PLC), Indenture (Argo Blockchain PLC)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 2 contracts
Samples: Indenture (Affiliated Managers Group Inc), Indenture (Genzyme Corp)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise under Section 8.1 hereof of the option applicable to this Section 8.2, the Issuer shall, subject to the satisfaction of the conditions set forth in Section 13.1 applicable to this Section 13.28.4 hereof, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities all outstanding Notes of such a series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness Debt represented by the Outstanding Securities outstanding Notes of such series a series, which shall thereafter be deemed to be “outstanding” only for the purposes of Section 8.5 hereof and the other Sections of this Indenture referred to in (a) and (b) below, and to have satisfied all of its other obligations under such Securities series of Notes and this Indenture insofar as such Securities are concerned (and the Trustee, upon receipt of a Company Order and at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following provisions which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities outstanding Notes of such a series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, receive payments in respect of the principal of (and of, premium, if any) , and interest interest, if any, on such Securities series of Notes when such payments are due, due from the trust referred to in Section 8.4(l); (Bb) the CompanyIssuer’s obligations with respect to such Securities series of Notes under Sections 3.42.2, 3.52.3, 3.62.4, 10.2 2.5, 2.6, 2.7, 2.10 and 10.3, 4.2 hereof; (Cc) the rights, powers, trusts, duties, benefits and immunities of the Trustee Trustee, including without limitation, under Sections 3.5Section 7.7, 3.6, 8.5 and 8.7 hereof and the Issuer’s obligations in connection therewith; (d) the Company’s rights pursuant to Section 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange ; and (De) the provisions of this Article XIIIVIII. Subject to compliance with this Article XIIIVIII, the Company Issuer may exercise its option under this Section 13.2 8.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to 8.3 hereof. In addition, the Securities of such series.Issuer and the Guarantors may terminate the obligations under this Indenture when:
Appears in 1 contract
Samples: Indenture (Oshkosh Corp)
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (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 such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and any premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.7, 10.2, and 10.3, and such ancillary obligations, (C) the rights, powers, trusts, duties, immunities, and immunities other provisions in respect of the Trustee under Sections 3.5this Indenture, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. MIL Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series. Following a Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.
Appears in 1 contract
Samples: Huntington Bancshares (Huntington Bancshares Inc/Md)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Sectiontherein, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e10.3 (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 (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Atlas Air Worldwide Holdings Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth described in Section 13.1 11.01 above applicable to this Section 13.2with respect to the Notes, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series notes on the date the conditions set forth in Section 11.04 below are satisfied (hereinafter, “defeasance”"Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense and request of the Company, shall shall, subject to Section 11.06 hereof, execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series outstanding Notes to receive, receive solely from the trust fund funds described in Section 13.4 11.04 hereof and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest on such Securities Notes when such payments are due, (B) the Company’s 's obligations with respect to such Securities Notes under Sections 3.42.03, 3.52.04, 3.62.05, 10.2 2.06, 2.07 and 10.32.08 hereof, (C) the Company's rights and obligations under Sections 3.01, 3.02, 3.03, 3.04, 3.05, 3.06 and 3.07, (D) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5hereunder (including claims of, 3.6or payments to, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee under or pursuant to authenticate Securities of such series issued on registration of transfer or exchange Section 7.07 hereof) and (DE) this Article XIII11. Subject to compliance with this Article XIII11, the Company may exercise its option under this Section 13.2 11.02 with respect to the Notes notwithstanding the prior exercise of its option under Section 13.3 11.03 below with respect to the Securities of such seriesNotes."
Appears in 1 contract
Samples: Katz Media Corp
Defeasance and Discharge. Upon the Company’s 's exercise of its option to effect a defeasance of the option set forth in Section 13.1 applicable Securities of a series pursuant to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1403 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such seriesFourteen.
Appears in 1 contract
Samples: Indenture (Regions Financial Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 12.01 applicable to this Section 13.2Section, the Company ----- shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture Inden ture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), ) except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 12.04 and as more fully set forth in such ----- Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 ---- ---- ---- 10.02 and 10.310.03, (C) the rights, powers, trusts, duties, duties and immunities of the ----- ----- Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIII12. Subject to compliance with this -- Article XIII12, the Company may exercise its option under this Section 13.2 12.02 -- ----- notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.12.03. -----
Appears in 1 contract
Samples: Rite Aid Corp
Defeasance and Discharge. Upon the The Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the Company at its option, shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such or within a series on and after the date the conditions set forth below in Section 4.6 are satisfied (hereinafter, “hereinafter "defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by such Securities which shall thereafter be deemed to be "Outstanding" only for the Outstanding Securities of such series purposes this Article 4 and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall on a Company Order execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund funds described in Section 13.4 4.6(a) and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest interest, if any, on such Securities when such payments are due, ; (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (Cb) the rights, powers, trusts, duties, duties and immunities of the Trustee hereunder; (c) the obligations of the Company and the Trustee with respect to such Securities under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 9.2 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange 9.3; and (Dd) this Article XIII4. Subject to compliance with this Article XIII4, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 4.5 with respect to the Securities of such seriesSecurities.
Appears in 1 contract
Samples: Farmland Industries Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the its option set forth in Section 13.1 applicable (if any) to have this Section 13.2applied to the Securities, 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 below in Section 12.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such the Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 12.4 and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest on such the Securities when such payments are due, (B2) the Company’s 's obligations with respect to such the Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under (if any) to have this Section 13.2 applied to the Securities notwithstanding the prior exercise of its option under (if any) to have Section 13.3 with respect 12.3 applied to the Securities of such seriesSecurities.
Appears in 1 contract
Samples: FBL Financial Group Inc
Defeasance and Discharge. 66- Upon the Company’s 's exercise of the its option set forth in Section 13.1 applicable to have this Section 13.2applied to the Securities, the Company shall be deemed to have been discharged from its 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 below in Section 1204 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 1204 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on such Securities when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under to have this Section 13.2 applied to any Securities notwithstanding the prior exercise of its option under to have Section 13.3 with respect 1203 applied to the Securities of such seriesSecurities.
Appears in 1 contract
Samples: Scholastic Corp
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 applicable 4.01 to ------------ have this Section 13.24.02 applied to the Outstanding Securities of any Defeasible ------------ Series and subject to the proviso of Section 4.01, 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 4.02 on and after the date ------------ the conditions set forth below in Section 4.04 are satisfied (hereinafter, “defeasance”hereinafter called ------------ "Defeasance"). For this purpose, such defeasance 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 Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall will execute proper instruments acknowledging the same), except for subject to the following which shall will survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 4.04 and as more fully set forth ------------ in such SectionSection 4.04, payments in respect of the principal of (and premium, if any) any premium and ------------ interest on such Securities of such series when such payments are due, (Bb) the Company’s 's obligations with respect to the Securities of such Securities series under Sections 3.42.05, 3.52.06, 3.62.07, 10.2 5.02, 5.03, and 10.39.06, (Cc) the rights, powers, trusts, ------------------------------------- ---- duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e)hereunder, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (Dd) this Article XIIIIV. ---------- Subject to compliance with this Article XIIIIV, the Company may ---------- exercise its option under provided in Section 4.01 to have this Section 13.2 4.02 applied ------------ ------------ to the Outstanding Securities of any Defeasible Series notwithstanding the prior exercise of its option under provided in Section 13.3 with respect 4.01 to have Section 4.03 applied to ------------ ------------ the Outstanding Securities of such series.
Appears in 1 contract
Samples: Portal Software Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Abbott Laboratories
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the request and expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 14.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (ONE Gas, Inc.)
Defeasance and Discharge. Upon the Company’s 's exercise of the its option set forth in Section 13.1 applicable (if any) to have this Section 13.2applied to any Securities, the Company shall be deemed to have been discharged from its 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 below in Section 13.3 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 13.3 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections Section 3.4, Section 3.5, Section 3.6, Section 10.2 and Section 10.3, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under (if any) to have this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect applied to the Securities of such seriesany Securities.
Appears in 1 contract
Samples: Priceline Com Inc
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request direction of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.8.7 and
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the 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 below in Section 1304, in the case if defeasance are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all of its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunderall the Securities of such series have been paid in full: (Aa) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on such Securities of such series when such payments are due, and (Bb) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange under Sections 304, 305, 306, 1002 and (D) this Article XIII1003. Thereafter, the Company's obligations set forth in Sections 607 and 1305 shall survive. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under defease the Outstanding Securities of any series pursuant to this Section 13.2 1302 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.prior
Appears in 1 contract
Samples: Indenture (Dell Computer Corp)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and the last paragraph of Section 10.3(e)10.3, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Citizens Utilities Capital L P
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable to this Section 13.2, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (TJX Companies Inc /De/)
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below in Section 13.3 are satisfied (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 such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, upon Company Order and at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and any premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.7, 10.2, and 10.3, and any ancillary obligations, (C) the rights, powers, trusts, duties, immunities, indemnities, and immunities other provisions in respect of the Trustee under Sections 3.5this Indenture, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series. Following a Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series. Following a defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default.
Appears in 1 contract
Samples: Susquehanna Bancshares Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 applicable 13.01 to have this Section 13.213.02 applied to the Outstanding Securities of a defeasible series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below in Section 13.04 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 13.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and any premium or interest on such Securities when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 10.02 and 10.310.03 and, with respect to the Trustee, under Section 6.07, (C3) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.53.04, 3.63.05, 3.73.06, 3.93.08, 4.23.09, 6.7 5.06 and Section 10.3(e)10.03, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under provided in Section 13.01 to have this Section 13.2 13.02 applied to the Outstanding Securities of any defeasible series notwithstanding the prior exercise of its option under provided in Section 13.3 with respect 13.01 to have Section 13.03 applied to the Outstanding Securities of such series.
Appears in 1 contract
Samples: Contifinancial Corp
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on any Additional Amounts (if any) in respect of such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and with respect to the payment of Additional Amounts, if any, on such Securities as contemplated by Section 10.9 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Abbott Laboratories)
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 1301 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its any and all obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002, 1003 and 10.31004, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5hereunder and the Company's obligation to the Trustee hereunder (including, 3.6, 3.7, 3.9, 4.2, 6.7 and but not limited to Section 10.3(e607), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D4) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 1302 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series1303.
Appears in 1 contract
Samples: Watson Pharmaceuticals Inc
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 14.1 applicable to this Section 13.214.2 with respect to the Securities of any series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series (other than those specified in the next sentence) on the date the applicable conditions set forth below are satisfied (hereinafter, “"legal 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 such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.2 and 10.36.26 and with respect to the Trustee under Section 9.7, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIXIV. Subject to compliance with the applicable conditions under this Article XIIIXIV, the Company may exercise its option under this Section 13.2 14.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series14.3.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 1301 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such any series on the date the conditions set forth below in Section 1304 are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under the Securities of such Securities series and this Indenture insofar as the Securities of such Securities series are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding the Securities of such series to receive, solely from the trust fund described in Section 13.4 1304 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) any premium and interest on the Securities of such Securities series when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002, 1003 and 10.31004, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIThirteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 1302 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series1303.
Appears in 1 contract
Samples: Newfield Financial Trust Ii
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below in Section 13.3 are satisfied (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 such Securities and this Indenture Indenture, insofar as such Securities are concerned (and the Trustee, upon Company Order and at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderunder this Indenture: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and any premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.7, 10.2, and 10.3, and any ancillary obligations, (C) the rights, powers, trusts, duties, immunities, and immunities other provisions in respect of the Trustee under Sections 3.5this Indenture, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series. Following a Defeasance, payment of the Securities of such series may not be accelerated because of an Event of Default. .
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 14.1 applicable to this Section 13.214.2 with respect to the Securities of any series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series (other than those specified in the next sentence) on the date the applicable conditions set forth below are satisfied (hereinafter, “"legal 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 such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 14.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.2 and 10.36.26 and with respect to the Trustee under Section 9.7, (C) the rights, powers, trusts, duties, duties and immunities of 108 Draft - January 14, 2004 Exhibit C the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIXIV. Subject to compliance with the applicable conditions under this Article XIIIXIV, the Company may exercise its option under this Section 13.2 14.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series14.3.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 12.01 applicable to this Section 13.2Section, the Company and the Guarantors shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series Notes and Note Guarantees, on and after the date the conditions set forth below are satisfied (hereinafter, “defeasance”"Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series Notes and to have satisfied all its other obligations under such Securities Notes and this Indenture insofar as such Securities Notes are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series Notes to receive, solely from the trust fund described in Section 13.4 12.04 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities Notes when such payments are due, (B) the Company’s 's obligations with respect to such Securities Notes under Sections 3.43.04, 3.53.05, 3.63.06, 10.2 3.07, 10.02, 10.03 and 10.310.19, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIITwelve. Subject to compliance with this Article XIII, Twelve the Company may exercise its option under this Section 13.2 12.02 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series12.03.
Appears in 1 contract
Samples: A) (Insilco Corp/De/)
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its any and all obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request written direction of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.5, 3.62.6, 3.72.7, 3.92.8, 4.22.9, 6.7 and Section 10.3(e5.3(e), 8.1, 8.3, 8.7, 8.10, 8.12, 8.15, 8.16, 8.17 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s Issuer's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.42.10, 3.52.11, 3.62.13, 10.2 3.2 and 10.33.3, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.11, 3.62.12, 3.72.13, 3.94.3, 4.2, 6.7 5.5 and Section 10.3(e)Article 9, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (Dd) this Article XIIIEleven. Subject to compliance with this Article XIIIEleven, the Company Issuer may exercise its option under this Section 13.2 11.2 notwithstanding the prior exercise of its option under Section 13.3 11.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Textron Financial Corp
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2with respect to defeasance of the Outstanding Securities of a particular series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are dueas set forth therein, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 6.8, 10.2, and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities, indemnities, and immunities other provisions in respect of the Trustee under Sections 3.5hereunder, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIII13. Subject to the compliance with this Article XIII13, the Company may exercise its option under this Section 13.2 13.3 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Willamette Industries Inc
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange any Authenticating Agent hereunder and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Alberto-Culver CO
Defeasance and Discharge. Upon the Company’s exercise of the option set forth in Section 13.1 applicable 11.2 and satisfaction of the conditions to this defeasance set forth in Section 13.211.5, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinaftereach, a “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 such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request direction of the Company, shall execute instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.5 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.42.4, 3.52.5, 3.62.6, 10.2 5.2 and 10.35.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.4, 3.62.5, 3.72.6, 3.92.7, 4.22.8, 6.7 and Section 10.3(e2.9, 5.3(e), 8.7 and 11.6 and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) this Article XIIISections 11.3, 11.4, 11.5 and 11.6. Subject to compliance with this Article XIIISections 11.3, 11.4, 11.5 and 11.6, the Company may exercise its option under this Section 13.2 11.3 notwithstanding the prior exercise of its option under Section 13.3 11.4 with respect to the Securities of such series.
Appears in 1 contract
Samples: LPL Financial Holdings Inc.
Defeasance and Discharge. Upon the Company’s 's exercise of the its option set forth in Section 13.1 applicable to have this Section 13.2applied to the Outstanding Securities (as a whole and not in part), the Company shall be deemed to have been discharged from its 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 below in Section 12.4 are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 12.4 and as more fully set forth in such SectionSec- 128 tion, payments in respect of the principal of (and of, premium, if any) , and interest on such Securities when such payments are due, (B2) the Company’s 's obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.3, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under to have this Section 13.2 applied to the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option under to have Section 13.3 with respect 12.3 applied to the Securities of such seriesSecurities.
Appears in 1 contract
Samples: United Rentals Inc /De
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the request and expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and 14.4 as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIFourteen. Subject to compliance with this Article XIIIThirteen, the Company may exercise its option under this Section 13.2 14.2 notwithstanding the prior exercise of its option under Section 13.3 14.3 with respect to the Securities of such series. Monies held in trust pursuant to this Section 14.2 shall not be subject to Article Fifteen.
Appears in 1 contract
Samples: Indenture (ONE Gas, Inc.)
Defeasance and Discharge. Upon the Company’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on and after the date the conditions precedent set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunderthereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 and 13.4, as more fully set forth in such Section, payments in respect of the principal of (and premiumpremium and interest, if any, on) and interest on such Securities when such payments are due, (B) the Company’s obligations with respect to such Securities under Sections 3.4, 3.5, 3.6, 10.2 and 10.310.3 and such obligations as shall be ancillary thereto, (C) the rights, powers, trusts, duties, immunities and immunities other provisions in respect of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange any Authenticating Agent hereunder and (D) this Article XIII. Subject to compliance with this Article XIII, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Alberto-Culver CO)
Defeasance and Discharge. Upon the Company’s exercise under Section 11.1 hereof of the option set forth in Section 13.1 applicable to this Section 13.211.2, the Company shall be deemed to have been discharged from its obligations with respect to the all Outstanding Securities of such series on the date the conditions set forth below in Section 11.4 hereof are satisfied (hereinafter, “legal defeasance”). For this purpose, such legal defeasance means that the Company shall be deemed (a) to have paid and discharged the entire indebtedness represented by its obligations under the Outstanding Securities; provided, however that the Securities shall continue to be deemed to be “Outstanding” for purposes of such series Section 11.5 hereof and the other Sections of this Indenture referred to in clauses (i) and (ii) below, and (b) to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.4 hereof and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any, on) and interest on such Securities when such payments are duedue (or at such time as the Securities would be subject to redemption at the option of the Company in accordance with this Indenture), (Bii) the Company’s obligations with respect to such Securities of the Company under Sections 3.42.3, 3.52.5, 3.62.6, 10.2 2.7, 2.9, 2.10, 4.8, 4.14, 5.6, 5.9, 5.10, 9.1, 9.2, 9.3 and 10.39.4 hereof, (Ciii) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 hereunder and Section 10.3(e), and otherwise (iv) the duty obligations of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) Company under this Article XIIIXI. Subject to compliance with this Article XIIIXI, the Company may exercise its option under this Section 13.2 11.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series11.3 hereof.
Appears in 1 contract
Samples: Indenture (Xto Energy Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2with respect to Securities of any series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, receive solely from the trust fund described in Section 13.4 1604 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIIFifteen. Subject to compliance with this Article XIIIFifteen, the Company may exercise its option under this Section 13.2 1602 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 13.3 1603 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Inco LTD)
Defeasance and Discharge. Upon the Company’s Issuer's exercise of its option to utilize the option set forth in Section 13.1 applicable to provisions of this Section 13.29.6 and upon compliance with Section 9.8, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Aa) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 9.8 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (Bb) the Company’s Issuer's obligations with respect to such Securities under Sections 3.42.10, 3.52.11, 3.62.13, 10.2 3.2 and 10.33.3, (Cc) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.52.11, 3.62.12, 3.72.13, 3.94.3, 4.2, 6.7 5.5 and Section 10.3(e)9.4, and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange exchange, (d) the conversion rights, if any, of Holders of Outstanding Securities of such series and the Issuer's obligations, if any, with respect thereto under Article Eleven, and (De) this Article XIIINine. Subject to compliance with this Article XIIINine, the Company Issuer may exercise its option under this Section 13.2 9.6 notwithstanding the prior exercise of its option under Section 13.3 9.7 with respect to the Securities of such series.
Appears in 1 contract
Samples: Indenture (Ahold Finance Usa Inc)
Defeasance and Discharge. Upon the CompanyIssuer’s exercise of the above option set forth in Section 13.1 applicable to this Section 13.2Section, the Company Issuer shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”). For this purpose, such defeasance means that the Company Issuer shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the CompanyIssuer, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding Securities of such series to receive, receive solely from the trust fund described in Section 13.4 12.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the CompanyIssuer’s obligations with respect to such Securities under Sections 2.8, 2.9, 2.11, 3.2 and 3.4, 3.5, 3.6, 10.2 and 10.3, (C) the rights, powers, trusts, duties, and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIITwelve. Subject to compliance with this Article XIIITwelve, the Company Issuer may exercise its option under this Section 13.2 12.2 notwithstanding the prior exercise of its option options under Section 13.3 12.3 with respect to the Securities of such series.
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s exercise of the its option set forth in Section 13.1 applicable to have this Section 13.2applied to the Outstanding Securities (as a whole and not in part), the Company shall be deemed to have been discharged from its 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 below in Section 12.04 are satisfied (hereinafter, hereinafter called “defeasanceDefeasance”). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness Indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for subject to the following which shall survive until otherwise terminated or discharged hereunder: (A1) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 12.04 and as more fully set forth in such Section, payments in respect of the principal of (and of, premium, if any) , and interest on such Securities when such payments are due, (B2) the Company’s obligations with respect to such Securities under Sections 3.4Section 3.04, 3.5Section 3.05, 3.6Section 3.06, 10.2 Section 10.02 and 10.3Section 10.03, (C3) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D4) this Article XIIIArticle. Subject to compliance with this Article XIIIArticle, the Company may exercise its option under to have this Section 13.2 applied to the Outstanding Securities (as a whole and not in part) notwithstanding the prior exercise of its option under to have Section 13.3 with respect 12.03 applied to the Securities of such seriesSecurities.
Appears in 1 contract
Samples: Greenbrier Rail Holdings I, LLC
Defeasance and Discharge. Upon the Company’s 's exercise of the option set forth provided in Section 13.1 applicable to this Section 13.2Section, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding outstanding Securities (other than those specified below) and the subordination provisions of such series Article 5 hereof shall cease to be effective, on and after the date the conditions set forth below are satisfied (hereinafter, “"defeasance”"). For this purpose, such defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding outstanding Securities of such series and to have satisfied all its other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of Outstanding such Securities of such series to receive, solely from the trust fund described in Section 13.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any) and interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.42.3, 3.52.4, 3.62.5, 10.2 2.6, 2.7, 2.11 and 10.32.12, Article 3 and Article 4, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIII13. Subject to compliance with this Article XIII13, the Company may exercise its option under this Section 13.2 notwithstanding the prior exercise of its option under Section 13.3 with respect to the Securities of such series.13.3
Appears in 1 contract
Defeasance and Discharge. Upon the Company’s 's exercise under Section 11.1 of the option set forth in Section 13.1 applicable to this Section 13.211.2, the Company shall be deemed to have been discharged from its obligations with respect to the all Outstanding Securities of such the applicable series on the date the conditions set forth below in Section 11.4 are satisfied (hereinafter, “hereinafter referred to as "legal defeasance”"). For this purpose, such legal defeasance means that the Company shall be deemed (a) to have paid and discharged the entire indebtedness represented by their respective obligations under the Outstanding Securities of such series series; provided, however that the Securities shall continue to be deemed to be "Outstanding" for purposes of Section 11.5 and the other Sections of this Indenture referred to in clauses (i) and (ii) below, and (b) to have satisfied all its their other obligations under such Securities and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (Ai) the rights of Holders of Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 11.4 and as more fully set forth in such Section, payments in respect of the principal of (and premium, if any, on) and interest on such Securities when such payments are duedue (or at such time as the Securities would be subject to redemption at the option of the Company in accordance with this Indenture), (Bii) the Company’s respective obligations with respect to such Securities of the Company under Sections 3.42.4, 3.52.5, 3.62.7, 10.2 2.8, 2.9, 2.10, 2.11, 4.8, 4.14, 5.6, 5.9, 5.10, 9.1, 9.2 and 10.39.3, (Ciii) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 hereunder and Section 10.3(e), and otherwise (iv) the duty obligations of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange and (D) Company under this Article XIIIXI. Subject to compliance with this Article XIIIXI, the Company may exercise its option under Section 11.1 applicable to this Section 13.2 11.2 notwithstanding the prior exercise of its option under Section 13.3 with respect 11.1 applicable to the Securities of such seriesSection 11.3.
Appears in 1 contract
Samples: Indenture (Xto Energy Inc)
Defeasance and Discharge. Upon the Company’s 's exercise of the above option set forth in Section 13.1 applicable to this Section 13.2with respect to Securities of any series, the Company shall be deemed to have been discharged from its obligations with respect to the Outstanding Securities of such series on the date the conditions set forth below are satisfied (hereinafter, “defeasance”hereinafter called "Defeasance"). For this purpose, such defeasance Defeasance means that the Company shall be deemed to have paid and discharged the entire indebtedness represented by the Outstanding such Securities of such series and to have satisfied all its other obligations under the Outstanding Securities of such Securities series and this Indenture insofar as such Securities are concerned (and the Trustee, at the expense and request of the Company, shall execute proper instruments acknowledging the same), except for the following which shall survive until otherwise terminated or discharged hereunder: (A) the rights of Holders of the Outstanding Securities of such series to receive, solely from the trust fund described in Section 13.4 1303 and as more fully set forth in such Section, payments in respect of the principal of (Amount Payable at Maturity and premium, if any) and interest Cash Interest on such Securities when such payments are due, (B) the Company’s 's obligations with respect to such Securities under Sections 3.4304, 3.5305, 3.6306, 10.2 1002 and 10.31003, (C) the rights, powers, trusts, duties, duties and immunities of the Trustee under Sections 3.5, 3.6, 3.7, 3.9, 4.2, 6.7 and Section 10.3(e), and otherwise the duty of the Trustee to authenticate Securities of such series issued on registration of transfer or exchange hereunder and (D) this Article XIIISixteen. Subject to compliance with this Article XIIISixteen, the Company may exercise its option under this Section 13.2 with respect to Securities of any series notwithstanding the prior exercise of its option under Section 13.3 1303 with respect to the such Securities of such series.
Appears in 1 contract
Samples: Inco LTD