Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from their obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and (2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 22 contracts
Sources: Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc), Indenture (Axos Financial, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 21 contracts
Sources: Subordinated Indenture (Gulfport Appalachia, LLC), Subordinated Indenture (Chord Energy Corp), Subordinated Indenture (Gulfport Energy Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 20 contracts
Sources: Senior Indenture (Chord Energy Corp), Senior Indenture (Approach Resources I, LP), Senior Indenture (Whiting Petroleum Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 17 contracts
Sources: Indenture (Enterprise Financial Services Corp), Indenture (Enterprise Financial Services Corp), Indenture (National Penn Bancshares Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7)), 501(6), 501(7), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Articles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 11 contracts
Sources: Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Contango Venture Capital Corp), Subordinated Indenture (Goodrich Petroleum CO LLC)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be,
(1) the Company Guarantor shall be released from their obligations under this Indenture (except any obligations under Sections 8.12.05, 10.42.06, 10.52.07, 10.64.01, 10.7 or 10.8 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and any covenants provided pursuant to Sections 3.1(2212.04) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and, with respect to any series of Securities to which the provisions of Article Fifteen shall apply, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)12.04), whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 10 contracts
Sources: Indenture (Accenture PLC), Indenture (Accenture Global Capital DAC), Indenture (Accenture Global Capital DAC)
Covenant Defeasance. Upon the CompanyCorporation’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,:
(1) the Company The Corporation shall be released from their obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the The occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Corporation may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 10 contracts
Sources: Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Fl/)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), Section 901(2) or 9.1(2Section 901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), Section 901(2) or 9.1(2Section 901(7), Section 501(6), Section 501(7)), Section 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and ((3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 9 contracts
Sources: Senior Indenture (Amplify Energy Corp.), Senior Indenture (Chesapeake Operating LLC), Senior Indenture (Amplify Energy Corp.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Articles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 9 contracts
Sources: Subordinated Indenture (Mind Technology, Inc), Subordinated Indenture (Kanawha River Terminals, LLC), Subordinated Indenture (SunCoke Energy, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or any series of Securitiesa particular series, as the case may be,
(1) the Company shall be released from their its obligations under this Indenture and any applicable supplemental indenture (except its obligations under Sections 8.13.04, 10.43.05, 10.53.06, 10.65.06, 10.7 or 10.8 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and any covenants provided pursuant to Sections 3.1(2210.05) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”hereinafter, "COVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture and any such specified Section or such other covenant applicable supplemental indenture (to the extent so specified in the case of Section 5.1(4) except its obligations under Sections 3.04, 3.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)10.05), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 5.01(4) or any such supplemental indenture with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 9 contracts
Sources: Senior Debt Indenture (Emmis Television License Corp of Topeka), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Radio One Licenses LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company shall be released from their its obligations under Sections 8.1Section 7.04, 10.4Section 8.01(c), 10.5, 10.6, 10.7 or 10.8 Section 10.05 and any covenants provided pursuant to Sections 3.1(22Section 3.01(u), 9.01(b) or 9.1(29.01(g) for the benefit of the Holders of such Securities and
Securities, (2b) the occurrence of any event specified in Section 5.1(4Sections 5.01(d) (with respect to any of Sections 8.1Section 7.04, 10.4Section 8.01(c), 10.5, 10.6, 10.7 or 10.8 Section 10.05 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(u), 9.01(b) or 9.1(29.01(g)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(g) shall be deemed not to be or result in an Event of Default, and (c) the provisions of Article XIV shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(d)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 9 contracts
Sources: Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc), Subordinated Indenture (Pioneer Energy Services Corp)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 13.3 14.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(17) or 9.1(2Section 9.01(2) with respect to any Securities or any series of Securities for the benefit of the Holders of such Securities and
Securities, and Section 8.01, as applicable, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(4) (with respect to any of Sections 8.1Section 8.01, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(17) or 9.1(2Section 9.01(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3), 5.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any covenants added for the benefit of the Securities of such series pursuant to any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 9 contracts
Sources: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or any series of Securitiesa particular series, as the case may be,
(1) the Company shall be released from their its obligations under this Indenture and any applicable supplemental indenture (except its obligations under Sections 8.13.04, 10.43.05, 10.53.06, 10.65.06, 10.7 or 10.8 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and any covenants provided pursuant to Sections 3.1(2210.05) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called hereinafter, “Covenant DefeasanceCOVENANT DEFEASANCE”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture and any such specified Section or such other covenant applicable supplemental indenture (to the extent so specified in the case of Section 5.1(4) except its obligations under Sections 3.04, 3.05, 3.06, 5.06, 5.09, 6.10, 10.01, 10.02, 10.03, 10.04 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)10.05), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 5.01(4) or any such supplemental indenture with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 8 contracts
Sources: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 1503 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) ), shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of and Subsidiary Guarantees, in each case with respect to such Securities as provided in this Section 13.3 1503 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 8 contracts
Sources: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), Indenture (Lear Corp)
Covenant Defeasance. Upon the Company’s or the Parent Guarantor’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company and the Guarantors shall be released from their obligations under Section 801(2), Sections 8.11006 through 1007, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(3) or 9.1(2901(9) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 501(3) (with respect to any of Section 801(2), Sections 8.11006 through 1007, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(3) or 9.1(2901(9)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(4) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 8 contracts
Sources: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 8.01(3), Sections 8.110.05, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(4) (with respect to any of Sections 8.1Section 8.01(3), 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(7)), 5.01(7) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article 13 shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 15.04 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), Article 13 whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, and such omission to comply shall not constitute an Event of Default under this Indenture or any such supplemental indenture with respect to Outstanding Securities of such series, and but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Sources: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Energy Services Puerto Rico LLC), Indenture (Energy Services Puerto Rico LLC)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.2 and satisfaction of the conditions to have this defeasance set forth in Section 13.3 applied to any Securities or any series of Securities11.5, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.15.4, 10.45.5, 10.5, 10.6, 10.7 or 10.8 6.1 and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Sections 3.1(22) Section 2.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or 9.1(2) for the benefit Event of the Holders of such Securities and
(2) Default under Section 7.1), and the occurrence of any event specified described in Section 5.1(4Sections 7.1(4) and (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 7) and any such covenants provided pursuant other events of default to Sections 3.1(22) or 9.1(2)) and be applicable to the occurrence Securities of any other Event of Default a series as specified pursuant to Section 3.1 2.1 unless specified otherwise pursuant to such Section shall not constitute a default or Section 9.1(3) shall be deemed not to be or result in an Event of DefaultDefault hereunder, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 below are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (with respect to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))it, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Sources: Indenture (Tiptree Inc.), Indenture (Tiptree Inc.), Senior Indenture (Affiliated Managers Group, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(10) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Sources: Subordinated Indenture (Hanover Compressor Co /), Subordinated Indenture (Carriage Cemetery Services of Idaho Inc), Subordinated Indenture (Spinnaker Exploration Co)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company shall be released from their its obligations under Sections 8.1Section 7.04, 10.4Section 8.01(c), 10.5, 10.6, 10.7 or 10.8 Section 10.05 and any covenants provided pursuant to Sections 3.1(22Section 3.01(u), 9.01(b) or 9.1(29.01(g) for the benefit of the Holders of such Securities and
Securities, (2b) the occurrence of any event specified in Section 5.1(45.01(d) (with respect to any of Sections 8.1Section 7.04, 10.4Section 8.01(c), 10.5, 10.6, 10.7 or 10.8 Section 10.05 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(u), 9.01(b) or 9.1(29.01(g)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(g) shall be deemed not to be or result in an Event of Default, and (c) the provisions of Article XIV shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(d)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 6 contracts
Sources: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Speed Commerce, Inc.), Subordinated Indenture (Enbridge Pipelines (Texas Gathering) L.P.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Sources: Subordinated Indenture (Whiting Petroleum Corp), Subordinated Indenture (Whiting Petroleum Corp), Subordinated Indenture (Whiting Oil & Gas Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(10) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Sources: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 8.01(3), Sections 8.110.05 through 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(5) (with respect to any of Section 8.01(3), Sections 8.110.05 through 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(5) or (7)), 5.01(6), 5.01(7), 5.01(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 15.04 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Articles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Sources: Subordinated Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Bold Energy III LLC), Subordinated Indenture (Davis Petroleum Corp.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1005 and any covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1005 and any such covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(7) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”"COVENANT DEFEASANCE"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 5 contracts
Sources: Junior Subordinated Debt Indenture (Aig Capital Trust I), Subordinated Debt Indenture (Aig Capital Trust I), Junior Subordinated Debt Indenture (American International Group Inc)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) set forth in Section 11.2 and satisfaction of the conditions to have this defeasance set forth in Section 13.3 applied to any Securities or any series of Securities11.5, as the case may be,
(1) the Company and any Guarantor shall be released from their its obligations under Sections 8.15.4, 10.45.5, 10.5, 10.6, 10.7 or 10.8 6.1 and 9.4 and any other covenants provided to be applicable to the Securities of a series as specified pursuant to Sections 3.1(22) Section 2.1 unless specified otherwise pursuant to such Section (and the failure to comply with any such provisions shall not constitute a default or 9.1(2) for the benefit Event of the Holders of such Securities and
(2) Default under Section 7.1), and the occurrence of any event specified described in Section 5.1(4Sections 7.1(4) and (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 7) and any such covenants provided pursuant other events of default to Sections 3.1(22) or 9.1(2)) and be applicable to the occurrence Securities of any other Event of Default a series as specified pursuant to Section 3.1 2.1 unless specified otherwise pursuant to such Section shall not constitute a default or Section 9.1(3) shall be deemed not to be or result in an Event of DefaultDefault hereunder, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 below are satisfied (hereinafter called a “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to the Outstanding Securities of such Securitiesseries, the Company and any Guarantor, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (with respect to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))it, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (LPL Holdings, Inc.), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Holdings, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company shall be released from their its obligations under Section 8.01, Sections 8.110.04 through 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(223.01(s), 9.01(b) or 9.1(29.01(g) for the benefit of the Holders of such Securities and
Securities, and (2b) the occurrence of any event specified in Section 5.1(45.01(e) (with respect to any of Section 8.01, Sections 8.110.04 through Section 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(223.01(s), 9.01(b) or 9.1(29.01(g)), and Sections 5.01(e) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3through 5.01(i) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Subordinated Indenture (Medtronic Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) and the provisions of Article XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Laredo Midstream Services, LLC), Indenture (SN Cotulla Assets, LLC), Indenture (Laredo Midstream Services, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Umb Financial Corp), Indenture (Pharmacopeia Drug Discovery Inc), Indenture (Pharmacopeia Drug Discovery Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 1603 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) ), shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of and Subsidiary Guarantees, in each case with respect to such Securities as provided in this Section 13.3 1603 on and after the date the conditions set forth in Section 13.4 1604 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Subordinated Indenture (American Italian Pasta Co), Subordinated Indenture (Bay Valley Foods, LLC), Subordinated Indenture (Bay Valley Foods, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7)), 501(5) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Fifteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Fifteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(20), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(20), 901(2) or 9.1(2901(7)) ), 501(5), 501(6), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(10) shall be deemed not to be or result in an Event of Default, in each case Default and (3) the provisions of Article Twelve shall cease to be effective with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Subordinated Indenture (South Financial Group Inc), Subordinated Indenture (Forest Oil Corp), Subordinated Indenture (Newfield Exploration Co /De/)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 8.01(3), Sections 8.110.05 through 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(5) (with respect to any of Section 8.01(3), Sections 8.110.05 through 10.08, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(5) or (7)), 5.01(6), 5.01(7), 5.01(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 15.04 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Senior Indenture (Natural Gas Services Group Inc), Senior Indenture (Bold Energy III LLC), Senior Indenture (NGSG Properties, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be,
(1) the Company Guarantor shall be released from their obligations under this Indenture (except any obligations under Sections 8.12.05, 10.42.06, 10.52.07, 10.64.01, 10.7 or 10.8 4.02, 4.04, 6.02, 7.06 and any covenants provided pursuant to Sections 3.1(227.10) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and, with respect to any series of Securities to which the provisions of Article Fifteen shall apply, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 6.02, 7.06 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)7.10), whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Aon Corp), Indenture (Aon Corp), Indenture (Aon Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1Section 8.01(3), 10.4Section 10.05, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(21),
9.01 (2) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(45.01(4) (with respect to any of Sections 8.1Section 8.01(3), 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(21), 9.01(2) or 9.1(29.01(7)), 5.01(7) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article 13 shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 15.04 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), Article 13 whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, and such omission to comply shall not constitute an Event of Default under this Indenture or any such supplemental indenture with respect to Outstanding Securities of such series, and but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Hornbeck Offshore Services LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2) for the benefit of the Holders of such Securities and
(2) (2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 4 contracts
Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.410.4 through 10.8, 10.5inclusive, 10.6Section 14.12, 10.7 or 10.8 if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(29.1(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) (with respect to any of Sections 8.1, 10.4, through 10.8, inclusive, Section 14.12, if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(7)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2Section 9.01(10) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(45.01(3) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2)Section 9.01(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(6) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article XIV (and the provisions of the last paragraph of Section 13.01) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(3)) and or Article XIV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))13.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Subordinated Indenture (Energy XXI Gulf Coast, Inc.), Subordinated Indenture (Goodrich Petroleum CO LLC), Subordinated Indenture (Shaw Manufacturing & Services Inc)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 14.01 to have this Section 13.3 14.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4and [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Securities], and Article XIII, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(4) (with respect to any of Sections 8.1Section 8.01, 10.4[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any such negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2the Securities], and Article XIII), 5.01(5) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 3 contracts
Sources: Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc), Subordinated Securities Agreement (Aqua America Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7)), 501(8) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(9) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Senior Indenture (Rearden Minerals, LLC), Senior Indenture (Offshore Energy III LLC), Senior Indenture (WCR/Range GP, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(2), Section 9.01(6) or 9.1(2Section 9.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(45.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.4 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(8), Section 9.01(2), Section 9.01(6) or 9.1(2Section 9.01(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of ARTICLE XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company Issuer shall be released from their its obligations under Sections 8.19.1(b), 10.49.1(c), 10.511.4(a) to (c), 10.6inclusive, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(c) or 9.1(210.1(g) for the benefit of the Holders of such Securities and
Securities, (2) the Company shall be released from all of its obligations under this Indenture, including pursuant to Article 5, and (3) the occurrence of any event specified in Section 5.1(4Sections 6.1(e) (with respect to any of Article 5, Sections 8.19.1(b) and 9.1(c), 10.411.4(a) to (c), 10.5inclusive, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(c) or 9.1(210.1(g)), 6.1(f), 6.1(g), 6.1(h) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(i) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Issuer and the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(e)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Subordinated Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company Issuer shall be released from their its obligations under Sections 8.19.1(b), 10.49.1(c), 10.511.4(a), 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(d) or 9.1(210.1(h) for the benefit of the Holders of such Securities and
Securities, (2) each Guarantor in respect of such series (other than the Company) shall be released from all of its obligations under this Indenture, including pursuant to Article 5, and (3) the occurrence of any event specified in Section 5.1(4Sections 6.1(c) (with respect to any of Article 5, Sections 8.19.1(b) and 9.1(c), 10.411.4(a), 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(d) or 9.1(210.1(h)), 6.1(d) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(e) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company Issuer and the applicable Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(c)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.6 and 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(223.1(19), 9.1(2) or 9.1(29.1(7) for the benefit of the Holders of such Securities andSecurities,
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.6 and 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(19), 9.1(2) or 9.1(29.1(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, and
(3) the provisions of Article 15 shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 3.1) or Section 9.1(3))Article 15, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Cell Genesys Inc), Indenture (Cell Genesys Inc), Indenture (Northfield Laboratories Inc /De/)
Covenant Defeasance. Upon The Company, the Company’s exercise of its option Guarantor (if applicable) and any other obligor, if any) , shall be released on the 91st day after the date of the deposit referred to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
in clause (1) the Company shall be released below from their its obligations under Sections 7.4, 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 10.5 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (10.6 with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence Securities of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 below are satisfied (hereinafter called “Covenant Defeasance”hereinafter, "covenant defeasance"), and the Securities of such series shall thereafter be deemed to be not "Outstanding" for the purposes of any request, demand, authorization, direction, notice, waiver, consent or declaration or other action or Act of Holders (and the consequences of any thereof) in connection with such covenants, but shall continue to be deemed Outstanding for all other purposes hereunder. For this purpose, such Covenant Defeasance covenant defeasance means that, with respect to the Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other documentdocument and such omission to comply shall not constitute a Default or an Event of Default under Section 5.1, but but, except as specified above, the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.. The following shall be the conditions to application of this Section 13.3;
Appears in 3 contracts
Sources: Indenture (Weatherford International LTD), Indenture (Weatherford International Inc /New/), Indenture (Weatherford International Inc /New/)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 5.01 to have this Section 13.3 5.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1a) the Company shall will be released from their its obligations under Sections 8.16.04 through 6.07, 10.4inclusive, 10.5Section 12.01, 10.6and such provisions of any Supplemental Indenture as may be specified in such Supplemental Indenture, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2b) the occurrence of any event specified in Section 5.1(4Sections 8.01(a)(iii), 8.01(a)(iv) (with respect to any of Sections 8.16.04 through 6.07, 10.4inclusive, 10.5Section 12.01, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence provisions of any other Event of Default Supplemental Indenture as may be specified pursuant to Section 3.1 or Section 9.1(3in such Supplemental Indenture), 8.01(a)(v), 8.01(a)(vi), and 8.01(a)(ix) shall will be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 5.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall will have no liability in respect of any term, condition condition, or limitation set forth in any such specified Section or such other covenant provision (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(38.01(a)(iv)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant provision or by reason of any reference in any such Section or such other covenant provision to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities shall series will be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co), Indenture (MFN Financial Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(2), Section 9.01(6) or 9.1(2Section 9.01(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(45.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(2), Section 9.01(6) or 9.1(2)Section 9.01(7) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Horsehead Corp), Indenture (Horsehead Corp), Indenture (Ruth's Chris Steak House Texas, L.P.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.410.4 through 10.8, 10.5inclusive, 10.6Section 15.12, 10.7 or 10.8 if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(29.1(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) (with respect to any of Sections 8.1, 10.4, through 10.8, inclusive, Section 15.12, if applicable, and any such covenants provided pursuant to Sections 3.1(22), 9.1(2) or 9.1(7)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any the Outstanding Securities or any series of Securities(as a whole and not in part), as the case may be,
(1i) the Company shall be released from its obligations under Section 8.01(3), Sections 10.05 through 10.19, inclusive, and any covenant provided pursuant to Section 9.01(ii) and the Guarantors shall be released from their obligations under Sections 8.1Article XIII and the Guarantees, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2ii) the occurrence of any event specified in Section 5.1(4Sections 5.01(3) and 5.01(4) (with respect to Section 8.01(3) and any of Sections 8.110.05 through 10.19, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2Section 9.01(ii)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) ), shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(3) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly indirectly, by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), Indenture (United Rentals Gulf Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 13.3 14.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4and [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Securities], and Article XIII, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(4) (with respect to any of Sections 8.1Section 8.01, 10.4[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any such negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2the Securities] and Article XIII), 5.01(5) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 3 contracts
Sources: Indenture (Aqua America Inc), Indenture (Philadelphia Suburban Corp), Indenture (Aqua America Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4 ) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Cott USA Finance LLC), Indenture (Cott Corp /Cn/)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or of a particular series, the Company and, with respect to any series of SecuritiesSecurities to which the provisions of Article Fifteen shall apply, as the case may be,
(1) the Company Guarantor shall be released from their obligations under this Indenture (except any obligations under Sections 8.12.05, 10.42.06, 10.52.07, 10.64.01, 10.7 or 10.8 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and any covenants provided pursuant to Sections 3.1(2212.04) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and, with respect to any series of Securities to which the provisions of Article Fifteen shall apply, the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 6.02, 7.06 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)7.10), whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Aon PLC), Indenture (Aon PLC)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 6.01 to have this Section 13.3 6.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1a) the Company shall will be released from their its obligations under Sections 8.17.04 through 7.06, 10.4inclusive, 10.5Section 13.01, 10.6and such provisions of any indenture supplemental hereto as may be specified in such indenture supplemental hereto, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2b) the occurrence of any event specified in Section 5.1(4Sections 9.01(a)(iii), 9.01(a)(iv) (with respect to any of Sections 8.17.04 through 7.06, 10.4inclusive, 10.5Section 13.01, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence provisions of any other Event of Default Supplemental Indenture as may be specified pursuant to Section 3.1 or Section 9.1(3in such Supplemental Indenture), Sections 9.01(a)(v), 9.01(a)(vi), and 9.01(a)(ix) shall will be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 6.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall will have no liability in respect of any term, condition condition, or limitation set forth in any such specified Section or such other covenant provision (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(39.01(a)(iv)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant provision or by reason of any reference in any such Section or such other covenant provision to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities shall series will be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (MFN Financial Corp), Indenture (Mercury Finance Co)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 1603 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 704 (to the extent of any covenants in addition to the requirements of the Trust Indenture Act), 901(2) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) ), shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Thirteen shall cease to be effective, in each case with respect to such Securities or any series of and Subsidiary Guarantees, in each case with respect to such Securities as provided in this Section 13.3 1603 on and after the date the conditions set forth in Section 13.4 1604 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Thirteen,, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Subordinated Indenture (Lear Corp), Subordinated Indenture (Lear Argentine Holdings Corp #2)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) ) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “ Covenant Defeasance “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)) ), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) right to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company shall be released from their its obligations under Sections 8.110.10 and 10.11, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(k) relating to covenants of the Company with respect to a particular series of Securities, Section 9.1(b) or 9.1(29.1(h) for the benefit of the Holders of such Securities and
and (2b) the occurrence of any event specified in Section 5.1(4Sections 5.1(d) (with respect to any of Sections 8.110.10 and 10.11, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(k) relating to covenants of the Company with respect to a particular series of Securities, Section 9.1(b) or 9.1(29.1(h)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(g) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Texas New Mexico Power Co), Indenture (Texas New Mexico Power Co)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, . 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Subordinated Indenture (EZMONEY Alabama, Inc.), Subordinated Indenture (Riverbend Gas Gathering, LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 9.03 applied to any the outstanding Securities or any series of Securities(in whole and not in part), as the case may be,
(1i) the Company and the Guarantors shall be released from their respective obligations under Article 5, Sections 8.14.02 through 4.14, 10.4inclusive, 10.5Sections 4.18, 10.6, 10.7 or 10.8 4.19 and 4.21 and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Section 10.01 hereof, and (2ii) the occurrence of any event specified in Section 5.1(46.01(c) (or 6.01(d) hereof, with respect to any of Section 5.01(c) or (d), Sections 8.14.03 through 4.14, 10.4inclusive, 10.5Sections 4.18, 10.64.19 and 4.21, 10.7 or 10.8 and any such covenants provided pursuant covenant added to Sections 3.1(22) or 9.1(2)) and this Indenture subsequent to the occurrence of any other Event of Default specified Issue Date pursuant to Section 3.1 or Section 9.1(3) 10.01 hereof, shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 9.03 on and after the date on which the conditions set forth in Section 13.4 9.04 hereof are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(46.01(c) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)6.01(d) hereof), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision provisions herein or in any other document, ; but the remainder of this Indenture Indenture, the Guarantees and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Trend Drilling Co), Indenture (Nabors Industries Inc)
Covenant Defeasance. Upon the CompanyIssuer’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company Issuer shall be released from their its obligations under Sections 8.19.1(b), 10.49.1(c), 10.511.4(a) to (c), 10.6inclusive, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(b) or 9.1(210.1(f) for the benefit of the Holders of such Securities and
Securities, (2) the Company shall be released from all of its obligations under this Indenture, including pursuant to Article 5 and Sections 11.6 through 11.8, inclusive, and (3) the occurrence of any event specified in Section 5.1(4Sections 6.1(e) (with respect to any of Article 5, Sections 8.19.1(b) and 9.1(c), 10.411.4(a) to (c), 10.5inclusive, 10.6Sections 11.6 through 11.8, 10.7 or 10.8 inclusive, and any such covenants provided pursuant to Sections 3.1(22Section 3.1(r), 10.1(b) or 9.1(210.1(f)), 6.1(f), 6.1(g) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(j) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Issuer and the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(36.1(e)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Finance Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 9.03 applied to any the outstanding Securities or any series of Securities(in whole and not in part), as the case may be,
(1i) the Company and the Guarantors shall be released from their respective obligations under Sections 8.15.01 and 5.02, 10.4Sections 4.02 through 4.14, 10.5inclusive, 10.6Sections 4.18, 10.7 or 10.8 4.19 and 4.21 and any covenants provided covenant added to this Indenture subsequent to the Issue Date pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Section 10.01 hereof, and (2ii) the occurrence of any event specified in Section 5.1(46.01(c) (or 6.01(d) hereof, with respect to any of Section 5.01 and 5.02, Sections 8.14.03 through 4.14, 10.4inclusive, 10.5Sections 4.18, 10.64.19 and 4.21, 10.7 or 10.8 and any such covenants provided pursuant covenant added to Sections 3.1(22) or 9.1(2)) and this Indenture subsequent to the occurrence of any other Event of Default specified Issue Date pursuant to Section 3.1 or Section 9.1(3) 10.01 hereof, shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 9.03 on and after the date on which the conditions set forth in Section 13.4 9.04 hereof are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(46.01(c) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)6.01(d) hereof), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision provisions herein or in any other document, ; but the remainder of this Indenture Indenture, the Guarantees and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Grey Wolf Inc), Indenture (Di Industries Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 8.1(3), Sections 8.110.5 through 10.8, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections Section 3.1(22), 9.1(2) or 9.1(29.1(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.1(5) (with respect to any of Section 8.1(3), Sections 8.110.5 through 10.8, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections Section 3.1(22), 9.1(2) or 9.1(29.1(7)), 5.1(6)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(9) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles XII, XIII and XIV shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 15.4 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.1(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article XII, XIII or Article XIV, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Subordinated Indenture (California Resources Real Estate Ventures, LLC), Subordinated Indenture (California Resources Production Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(21), 901(2) or 9.1(2901(7)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(10) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Highland Autoplex Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company and the Guarantor, if applicable, shall be released from their its obligations under Sections 8.1, 10.48.3, 10.5, 10.6, 10.7 or 10.8 and 10.9 and any covenants provided pursuant to Sections 3.1(22Section 3.1(o), 9.1(a), 9.1(c) or 9.1(29.1(f) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 5.1(d) (with respect to any of Sections 8.1, 10.48.3, 10.5, 10.6, 10.7 or 10.8 and 10.9 and any such covenants provided pursuant to Sections 3.1(223.1(o), 9.1(a), 9.1(c) or 9.1(29.1(f)), Section 5.1(e), (f) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3(j) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor, if applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Notwithstanding anything herein to the contrary, no Covenant Defeasance shall release any successor Person referred to in Article VIII from its obligations to assume the obligations of the Company and the Guarantor, as applicable, under Section 6.7 as a condition to the consummation of any transaction contemplated by Section 8.1 or 8.3, as applicable.
Appears in 2 contracts
Sources: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 13.3 14.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4and [the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Securities], and Article XIII, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(4) (with respect to any of Sections 8.1Section 8.01, 10.4[the covenants requiring the Company to maintain its corporate existence and to satisfy its tax obligations and certain other claims, 10.5, 10.6, 10.7 or 10.8 and any such negative covenants provided pursuant applicable to Sections 3.1(22) or 9.1(2the Securities], and Article XIII), 5.01(5) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Philadelphia Suburban Corp), Subordinated Securities Agreement (Aqua America Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if anyprovided in Section 10.06(a) to have this Section 13.3 10.06(c) applied to the Outstanding Securities of any Securities or any series of Securitiesseries, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 8.01 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit 10.05 of the Holders Base Indenture and Sections 2.14 and 2.19 of such Securities and
the Supplemental Indenture, and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(4) and 5.01(7) of the Base Indenture (with respect to any Sections 8.01 and 10.05 of the Base Indenture and Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 2.14 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(22.19 of the Supplemental Indenture)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 10.06(c) on and after the date the conditions set forth in Section 13.4 10.06(d) are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with (and no Event of Default shall arise out of such non-compliance) and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section 8.01 or such other covenant (to 10.05 of the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 Base Indenture or Section 9.1(3))2.14 or 2.19 of the Supplemental Indenture, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Sources: Supplemental Indenture (Cigna Corp), Supplemental Indenture (Halfmoon Parent, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have If this Section 13.3 applied 4.5 is specified, as contemplated by Section 3.1, to any Securities or be applicable to any series of SecuritiesDebentures or any Debentures of such series, as the case may be,
, (1a) the Company shall be released from their its obligations under Sections 8.110.4 through 10.7, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1 or 9.1(b) or 9.1(29.1(f) for the benefit of the Holders of the Debentures of such Securities and
series or any repayment obligation upon a change of control provided pursuant to Section 3.1(u) or any events of default provided pursuant to Section 3.1(v) and Section 5.1(g) (2pursuant to the terms of the Debentures of such series this Section 4.5 is applicable to any such event specified in Section 5.1(g)) that pursuant to the terms of such Debentures of such series are defeasible pursuant to this Section 4.5 and (b) the occurrence of any event specified in Section 5.1(4Sections 5.1(d) (with respect to any of Sections 8.110.3 through 10.7, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(223.1, 9.1(b), or 9.1(f) or 9.1(2)as otherwise set forth in (a) and the occurrence of any other Event of Default specified pursuant to this Section 3.1 or Section 9.1(34.5 above) shall be deemed not to be or result in an Event of Default, in each case with respect to the Debentures of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 4.6 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to the Debentures of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.1(d) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(g)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Debentures of such Securities series shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1i) the Company shall be released from their obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2ii) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Axos Financial, Inc.), Indenture (Axos Financial, Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Article X and any covenants provided pursuant to Sections 3.1(222.01(a)(15), 9.01(d) or 9.1(29.01(g) for the benefit of the Holders holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 6.01(a)(3) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Article X and any such covenants provided pursuant to Sections 3.1(222.01(a)(15), 9.01(d) or 9.1(2)9.01(g) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(36.01(a)(7)) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(36.01(a)(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Senior Indenture (SiriusPoint LTD), Indenture (SiriusPoint LTD)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 1004 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2), 901(6) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article XV (and the provisions of the last paragraph of Section 1401) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))1401, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Vitamin Shoppe, Inc.), Indenture (Rosetta Resources Offshore, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and in any covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(2), 9.01(6) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(2), 9.01(6) or 9.1(29.01(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) and the provisions of Article XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Diamondback Energy, Inc.), Indenture (Gulfport Buckeye LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7)) ), and the occurrence of any other Event of Default event specified pursuant to Section 3.1 or Section 9.1(3501(3) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 501(3)) or Section 9.1(3))Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (State Street Capital Trust Ii), Indenture (State Street Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Capstead Mortgage Corp), Indenture (Capstead Mortgage Corp)
Covenant Defeasance. Upon the issuing Company’s exercise of its option (if any) to have this Section 13.3 13.03 applied to any Securities or any series of Securities, as the case may be,
, (1a) such Company and the Guarantor (if the issuing Company is not the Guarantor) shall be released from its or their respective, as the case may be, obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 8.01 and any covenants provided pursuant to Sections 3.1(22Section 3.01(r), 9.01(b) or 9.1(29.01(g) for the benefit of the Holders of such Securities and
Securities, and (2b) the occurrence of any event specified in Section 5.1(4Sections 5.01(d) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 8.01 and any such covenants provided pursuant to Sections 3.1(223.01(r), 9.01(b) or 9.1(29.01(g)), and Sections 5.01(e) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3through 5.01(g) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 13.03 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the issuing Company and the Guarantor (if the issuing Company is not the Guarantor) may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 10.4 or 10.8 10.5 and any covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 10.4 or 10.8 10.5 and any such covenants provided pursuant to Sections 3.1(223.1(21) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2Section 9.01(10) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(45.01(3) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2)Section 9.01(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Enflex Corp), Indenture (CVG Oregon, LLC)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(2), 9.01(6) or 9.1(29.01(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(2), 9.01(6) or 9.1(29.01(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) and the provisions of Article XV (and the provisions of the last paragraph of Section 14.01) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(45.01(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))14.01, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Jaguar Resources LLC), Indenture (Diamondback Energy O&G LLC)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 14.01 to have this Section 13.3 14.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from its obligations under Section 8.01 and Section 10.04, and the Subsidiary Guarantors shall be released from their obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 8.02 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Article XIII and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(5) (with respect to any of Sections 8.18.01, 10.48.02 and 10.04), 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)5.01(6) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(9) shall be deemed not to be or result in an Event of Default, and (3) the provisions of Article XIII shall cease to be effective, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 14.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(5)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby. In addition, Covenant Defeasance means that each Subsidiary Guarantor, if any, shall be released from its obligations under its Subsidiary Guarantee to the extent that the Company is released from its obligations under this Indenture.
Appears in 2 contracts
Sources: Indenture (Intermagnetics General Corp), Indenture (Top Tankers Inc.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company and the Guarantors in respect of the Securities of such series shall be released from their obligations under Article 8 and Sections 8.110.05, 10.410.06, 10.510.09 through 10.14, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(6) or 9.1(29.01(13) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(4) in respect of the Securities of such series (with respect to any of Article 8 and Sections 8.110.05, 10.410.06, 10.510.09 through 10.14, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), 9.01(6) or 9.1(2)9.01(13) and for the occurrence benefit of any other Event the Holders of Default specified pursuant to Section 3.1 or Section 9.1(3such Securities) shall be deemed not to be or result in an Event of DefaultDefault with respect to such series and (3) subject to the satisfaction of the conditions set forth in Section 13.04 hereof, Sections 5.01(3), 5.01(4), 5.01(5) and 5.01(6) hereof shall not constitute Events of Default with respect to such Series, in each case (1), (2) and (3) with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied in respect of the Securities of such series (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such SecuritiesSecurities and the corresponding Guarantees, the Company and each Guarantor in respect of the Securities of such series may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section Article or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Article or Section or such other covenant or by reason of any reference in any such Article or Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 13.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4Section 10.04, 10.5, 10.6, 10.7 or 10.8 and any such other covenants provided as may have been made applicable to such Defeasible Series pursuant to Sections 3.1(223.01(16), 9.01(2) or 9.1(2and 9.01(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01(3), 5.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 8.01 or 10.8 and any 10.04 or such other applicable covenants provided pursuant referred to Sections 3.1(22) or 9.1(2in the preceding clause (1)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(5) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied Default (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby; provided that notwithstanding a Covenant Defeasance with respect to Section 8.01, any Person to whom a transfer, sale, lease or other disposition is made pursuant to Section 8.01, shall as a condition to such transfer, sale, lease or other disposition, assume by an indenture supplemental hereto in form satisfactory to the Trustee, executed by such successor Person and delivered to the Trustee, the obligations of the Company to the Trustee under Section 6.06 and the second to the last paragraph of Section 13.05.
Appears in 2 contracts
Sources: Indenture (New York Times Co), Indenture (New York Times Co)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, or if this Section shall otherwise apply to any Securities or any series of Securities, as the case may be, (1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4Section 10.06 through Section 10.07, 10.5inclusive, 10.6, 10.7 or 10.8 and any other covenants provided or provisions of this Indenture applicable to such securities that are identified pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
Section 3.01 to be subject to this provision, (2) the occurrence of any event specified in Section 5.1(45.01(d) (with respect to any of Sections 8.1Section 8.01, 10.4Section 10.06 through Section 10.07, 10.5inclusive, 10.6, 10.7 or 10.8 and any other covenants applicable to such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified securities that are identified pursuant to Section 3.1 or 3.01 to be subject to this provision), Section 9.1(35.01(h) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital Strategies LTD)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have If this Section 13.3 applied 4.5 is specified, as contemplated by Section 3.1, to be applicable to any series of Securities or any series Securities of Securitiessuch series, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(21), 9.1(2) or 9.1(29.1(7) for the benefit of the Holders of such Securities and
that pursuant to the terms of such Securities are defeasible pursuant to this Section 4.5 and (2) the occurrence of any event specified in Section Sections 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or Section 3.1(21), 9.1(2), or 9.1(7) and the occurrence of any other Event of Default specified 5.1(7) (if pursuant to the terms of such Securities this Section 3.1 or 4.5 is applicable to any such event specified in Section 9.1(35.1(7)) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 4.6 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section Sections 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(7)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (United States Surgical Corp), Indenture (United States Surgical Corp)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company and the Guarantor shall be released from their obligations under Sections 8.1801, 10.41006, 10.51009, 10.61010, 10.7 1011 and 1013 and any other Sections or 10.8 covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision), and any covenants provided pursuant to Sections 3.1(22Section 301(s), 901(b) or 9.1(2901(g) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4501(d) (with respect to Sections 801, 1006, 1009, 1010, 1011 and 1013 and any of other Sections 8.1or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22301(s), 901(b) or 9.1(2901(g)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(g) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(d)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (DH Europe Finance II S.a.r.l.), Indenture (DH Europe Finance II S.a.r.l.)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2Section 9.01(10) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(45.01(3) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.04 and any such covenants provided pursuant to Sections 3.1(22Section 3.01(18), Section 9.01(4), Section 9.01(10) or 9.1(2)Section 9.01(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(6) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 12.04 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Usf Glen Moore Inc.), Indenture (Navistar, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its the option (if any) provided in Section 5.01 to have this Section 13.3 5.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1a) the Company shall and the Guarantor will be released from their obligations under Sections 8.16.04 through 6.07, 10.4inclusive, 10.5Section 11.01, 10.6and the provisions of any Supplemental Indenture specified in such Supplemental Indenture, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2b) the occurrence of any event specified in Section 5.1(4Sections 8.01(a)(iii), 8.01(a)(iv) (with respect to any of Sections 8.16.04 through 6.07, 10.4inclusive, 10.5Section 11.01, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence provisions of any other Event of Default Supplemental Indenture specified pursuant to Section 3.1 or Section 9.1(3in such Supplemental Indenture), 8.01(a)(v), and 8.01(a)(viii) shall will be deemed not to be or result in an Event of Default, in each case with respect to the Outstanding Securities of such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 5.04 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, that with respect to such SecuritiesOutstanding Securities of any Defeasible Series, the Company and the Guarantor may omit to comply with and shall will have no liability in respect of any term, condition condition, or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(38.01(a)(iv)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but but, except as specified above, the remainder of this Indenture and the Securities of such Securities shall series and the Guarantee thereof will be unaffected thereby.
Appears in 2 contracts
Sources: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.4 and any covenants provided pursuant to Sections 3.1(22Section 3.1(15), 9.1(2), 9.1(6) or 9.1(29.1(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section Sections 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 10.4 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(15), 9.1(2), 9.1(6) or 9.1(29.1(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(8) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article XV (and the provisions of the last paragraph of Section 14.1) shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and any Guarantor may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4)) and or Article XV or the occurrence last paragraph of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))14.1, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities and any Guarantees thereof shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) and, with respect to have this Section 13.3 applied to any Securities or any series of SecuritiesSecurities for which there is one or more co-issuers, as the case may be,
(1) Issuers’ exercise of the option provided in Section 13.01 to obtain a covenant defeasance with respect to the Outstanding Securities of a particular series, the Company and, with respect to any series of Securities for which there is one or more co-issuers, the Issuers and, with respect to any series of Securities to which the provisions of Article Fifteen shall apply, the Guarantors shall be released from their obligations under this Indenture (except any obligations under Sections 8.12.05, 10.42.06, 10.52.07, 10.64.01, 10.7 or 10.8 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and any covenants provided pursuant to Sections 3.1(2212.04) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 13.04 are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company and, with respect to any series of Securities for which there is one or more co-issuers, the Issuers and, with respect to any series of Securities to which the provisions of Article Fifteen shall apply, the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in this Indenture (except any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) obligations under Sections 2.05, 2.06, 2.07, 4.01, 4.02, 4.04, 5.01, 6.02, 7.06, 7.10 and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)12.04), whether directly or indirectly by reason of any reference elsewhere herein to in any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 6.01(d) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 1 contract
Sources: Indenture (Aon Global Holdings PLC)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22) Section 301(22), 901(2), or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) Section 301(22), 901(2), or 9.1(2901(7)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(9) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Twelve shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Articles Twelve, Thirteen or Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securitiesthe Notes, as the case may be,
(1) the Company shall be released from their obligations its Obligations under Sections 8.11006 through 1007 of the Existing Indenture, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7) of the Existing Indenture for the benefit of the Holders of such Securities and
the Notes and (2) the occurrence of any event specified in Section Sections 5.1(4) (with respect to any of Sections 8.11006 through 1007 of the Existing Indenture, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(224.1 through 4.7 of this Eleventh Supplemental Indenture or Section 301(18), 901(2) or 9.1(2)901(7) of the Existing Indenture) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.1(5) and 5.1(8) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities the Notes and Note Guarantees as provided in this Section 13.3 6.2 on and after the date the conditions set forth in Section 13.4 6.3 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securitiesthe Notes and Note Guarantees, the Company and the Guarantors may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein in the Indenture or in any other document, but the remainder of this the Indenture and such Securities the Notes and Notes Guarantees shall be unaffected thereby.
Appears in 1 contract
Sources: Eleventh Supplemental Indenture (Tenet Healthcare Corp)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.11006 and 1007 (and any other Sections or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision), 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4501(4) (with respect to Sections 1006 and 1007 (and any of other Sections 8.1or covenants applicable to such Securities that are determined pursuant to Section 301 to be subject to this provision), 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants Covenants provided pursuant to Sections 3.1(22301(19), 901(2) or 9.1(2)901(7) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(7) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Article Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 13.01 to have this Section 13.3 13.03 applied to the Outstanding Securities of any Securities or any series of SecuritiesDefeasible Series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1Section 8.01, 10.4Section 10.04, 10.5, 10.6, 10.7 or 10.8 and any such other covenants provided as may have been made applicable to such Defeasible Series pursuant to Sections 3.1(223.01(16), 9.01(2) or 9.1(2and 9.01(7) for the benefit of the Holders of such Securities and
and (2) the occurrence of any event specified in Section 5.1(4Sections 5.01 (3), 5.01(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 8.01 or 10.8 and any 10.04 or such other applicable covenants provided pursuant referred to Sections 3.1(22) or 9.1(2in the preceding clause (1)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01(5) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied Default (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, that the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(35.01 (4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and the Securities of such Securities series shall be unaffected thereby; provided that notwithstanding a Covenant Defeasance with respect to Section 8.01, any Person to whom a transfer, sale, lease or other disposition is made pursuant to Section 8.01, shall as a condition to such transfer, sale, lease or other disposition, assume by an indenture supplemental hereto in form satisfactory to the Trustee, executed by such successor Person and delivered to the Trustee, the obligations of the Company to the Trustee under Section 6.06 and the second to the last paragraph of Section 13.05.
Appears in 1 contract
Sources: Indenture (RCC Western Stores, Inc.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1a) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 8.1 and 10.8 and any covenants provided pursuant to Sections 3.1(22Section 3.1(n) or 9.1(2Section 9.1(a) or (c) for the benefit of the Holders of such Securities and
and (2b) the occurrence of any event specified in Section 5.1(45.1(d) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.7 Section 8.1 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(n) or 9.1(2Section 9.1(a) or (c)), Section 5.1(e), (f) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or (i) or Section 9.1(39.1(d) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Section, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby. Notwithstanding anything herein to the contrary, no Covenant Defeasance shall release any successor Person referred to in Article VIII from its obligations to assume the obligations of the Company under Section 6.7 as a condition to the consummation of any transaction contemplated by Section 8.1.
Appears in 1 contract
Sources: Junior Subordinated Indenture (MRM Capital Trust Iii)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.11006 and 1007, 10.4, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, (2) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Sections 8.11006 and 1007, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(8) shall be deemed not to be or result in an Event of Default, and (3) if such Securities or series of Securities are subordinated to other obligations of the Company pursuant to Section 301(19), the provisions with respect to the subordination shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(4)) and or applicable provisions with respect to the occurrence subordination of any Event such Securities or series of Default specified pursuant to Section 3.1 or Section 9.1(3))Securities, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant applicable subordination provisions or by reason of any reference in any such Section or such other covenant applicable subordination provisions to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801 (3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called “Covenant Defeasance”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Sources: Subordinated Indenture (Frank's International N.V.)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Sections 8.11006 through 1007, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4501(3) shall be deemed not to be an Event of Default, and (3) the occurence of any event specified in Section 503(2)(C) (with respect to any of Sections 8.11006 through 1007 inclusive, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2Section 301(18), 901(2) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3901(7) shall be deemed not to be or result in an Event a Default and (4) the provisions of DefaultArticle Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1304 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Sources: Indenture (Amsouth Bancorporation)
Covenant Defeasance. Upon the Company’s exercise of its the option (if any) provided in Section 1301 to have this Section 13.3 applied obtain a covenant defeasance with respect to any the Outstanding Securities or any series of Securitiesa particular series, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1704, 10.4, 10.5, 10.6, 10.7 or 10.8 1006 and 1007 and Article Eight and any additional covenants provided pursuant to Sections 3.1(22) or 9.1(2) for the benefit of the Holders of such Securities and
(2) the occurrence of any event specified in Section 5.1(4) (any indenture supplemental hereto with respect to any the Outstanding Securities of Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22) or 9.1(2)) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the applicable conditions set forth in Section 13.4 1304 are satisfied (hereinafter called hereinafter, “Covenant Defeasancecovenant defeasance”). For this purpose, such Covenant Defeasance means defeasance shall mean that, with respect to the Outstanding Securities of such Securitiesseries, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in Sections 704, 1006 and 1007 and Article Eight and any such specified Section or such other covenant (to the extent so additional covenants specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))indenture supplemental hereto, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but and such omission to comply shall not constitute an Event of Default under Section 501(4) with respect to Outstanding Securities of such series, and the remainder of this Indenture and of the Securities of such Securities series shall be unaffected thereby.
Appears in 1 contract
Sources: Indenture (Synergetics Usa Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 1006 and 1007 and any covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
and (2) the Subsidiary Guarantors shall be released from all their obligations with respect to the Securities of such series under this Indenture, and (3) the occurrence of any event specified in Section 5.1(4Sections 501(4) (with respect to any of Section 801(3), Sections 8.11006 and 1007, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(19), 901(2) or 9.1(2901(7)) ), and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(7) shall be deemed not to be or result in an Event of Default, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1404 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(4)), whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant or by reason of any reference in any such Section or such other covenant to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Sources: Indenture (Pacifcare Operations Inc)
Covenant Defeasance. Upon the Company’s 's exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
(1) the Company shall be released from their its obligations under Sections 8.1, 10.4, 10.5, 10.6, 10.6 and 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(223.1(19), 9.1(2) or 9.1(29.1(7) for the benefit of the Holders of such Securities andSecurities,
(2) the occurrence of any event specified in Section 5.1(4) (with respect to any of Sections 8.1, 10.4, 10.5, 10.6, 10.6 and 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 3.1(19), 9.1(2) or 9.1(2)9.1(7) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3) 3.1), shall be deemed not to be or result in an Event of Default, and
(3) the provisions of Article 15 shall cease to be effective, in each case with respect to such Securities or any series of Securities as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 are satisfied (hereinafter called “"Covenant Defeasance”"). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4) and the occurrence of any Event of Default specified pursuant to Section 3.1 3.1) or Section 9.1(3))Article 15, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract
Sources: Indenture (NPS Pharmaceuticals Inc)
Covenant Defeasance. Upon the Company’s exercise of its option (if any) to have this Section 13.3 applied to any Securities or any series of Securities, as the case may be,
, (1) the Company shall be released from their its obligations under Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7) for the benefit of the Holders of such Securities and
Securities, and (2) the occurrence of any event specified in Section 5.1(4Sections 501(5) (with respect to any of Section 801(3), Sections 8.11005 through 1008, 10.4inclusive, 10.5, 10.6, 10.7 or 10.8 and any such covenants provided pursuant to Sections 3.1(22Section 301(22), 901(2) or 9.1(2901(7)), 501(6), 501(7)), 501(10) and the occurrence of any other Event of Default specified pursuant to Section 3.1 or Section 9.1(3501(11) shall be deemed not to be or result in an Event of DefaultDefault and (3) the provisions of Articles Twelve, Thirteen and Fourteen shall cease to be effective, in each case with respect to such Securities or any series of Securities and Subsidiary Guarantees as provided in this Section 13.3 on and after the date the conditions set forth in Section 13.4 1504 are satisfied (hereinafter herein called ““ Covenant DefeasanceDefeasance ”). For this purpose, such Covenant Defeasance means that, with respect to such Securities, the Company and the Subsidiary Guarantors, as applicable, may omit to comply with and shall have no liability in respect of any term, condition or limitation set forth in any such specified Section or such other covenant (to the extent so specified in the case of Section 5.1(4501(5)) and the occurrence of any Event of Default specified pursuant to Section 3.1 or Section 9.1(3))Article Twelve, Thirteen or Article Fourteen, whether directly or indirectly by reason of any reference elsewhere herein to any such Section or such other covenant Article or by reason of any reference in any such Section or such other covenant Article to any other provision herein or in any other document, but the remainder of this Indenture and such Securities shall be unaffected thereby.
Appears in 1 contract